What your HOA can't ban: flags, satellite dishes, solar panels and more

HOAs have broad power to set rules about how homes look and how the community is used. That power isn't unlimited. Congress, federal agencies and state legislatures have carved out specific things an association can't prohibit, even if the CC&Rs say otherwise. The protections are narrower than many owners assume, though. In most cases the HOA can still regulate the details: where something goes, how big it is, and how it's installed.

Here's what the main protections cover, what the association can still control, and how to use them.

The U.S. flag

The Freedom to Display the American Flag Act of 2005, signed in 2006, says a condominium association, cooperative or residential real estate management association may not adopt or enforce a policy that would keep a member from displaying the U.S. flag on residential property the member owns or has the exclusive right to use.

What the HOA can still do: the law allows reasonable restrictions on the time, place and manner of display when they're necessary to protect a substantial interest of the association. The display must also follow the federal flag code (4 U.S.C. §§ 5–10). A rule about where a flagpole goes, how tall it can be, or that bans a flag hung in tatters is more likely to stand than a rule against flags.

Several states go further:

• California Civil Code section 4705 says governing documents can't limit or prohibit an owner from displaying the U.S. flag in their unit, lot or exclusive-use common area, except as needed for public health or safety. The protection covers a flag of fabric, cloth or paper on a staff or pole or in a window. It doesn't cover a flag made of lights, paint, roofing or landscaping. The winning side in a lawsuit gets attorney's fees.
• Florida section 720.304 lets homeowners display, respectfully, up to two portable, removable flags no larger than 4½ by 6 feet, chosen from a list: the U.S. flag, the Florida flag, a flag of a branch of the armed forces, the POW-MIA flag, and a first responder flag. Owners may also put up a freestanding flagpole up to 20 feet high on their own lot, as long as it doesn't block sightlines at intersections or sit in an easement, and fly a U.S. flag plus one other permitted flag from it. The association can still apply reasonable rules on placement and manner.

Satellite dishes and antennas

The FCC's Over-the-Air Reception Devices (OTARD) rule applies to satellite dishes one meter (39.37 inches) or less in diameter, any size in Alaska, TV antennas for local broadcast signals, and certain fixed wireless internet antennas. On property you own or have exclusive use of, HOA rules can't:

• unreasonably delay or prevent installation, maintenance or use;
• unreasonably increase the cost; or
• prevent you from getting an acceptable-quality signal.

The FCC says rules requiring you to get approval before installing are generally prohibited, and so are permit fees. A simple notice after installation may be allowed. Placement preferences, such as the back of the house, are enforceable only if they're in writing and don't block the signal or add unreasonable cost.

What the rule doesn't cover: common areas. In a condominium, the roof and exterior walls are usually common elements, so the rule protects a dish on your balcony or patio but not on the roof, and not one hanging over the railing. Safety rules and historic-preservation rules are allowed if they're no more burdensome than necessary. When there's a dispute, the association has the burden of proving its rule is valid. The FCC accepts petitions from owners and associations.

Solar panels

There's no federal solar-access law for HOAs, but many states have one. Two examples:

• California Civil Code section 714 voids any rule that effectively prohibits or unreasonably restricts a solar energy system. Associations may impose only "reasonable restrictions" that don't significantly increase cost or significantly decrease efficiency. For photovoltaic panels, "significantly" means more than $1,000 over the system's original cost or more than a 10 percent drop in efficiency. The HOA must process the application like any other architectural request, decide in writing, and if it doesn't deny the application in writing within 45 days, it's deemed approved (unless the delay comes from a reasonable request for more information).
• Florida section 163.04 says a deed restriction or covenant may not prohibit solar collectors, clotheslines or other renewable-energy devices on buildings. The association can choose where on the roof the collectors go, within an orientation to the south or within 45 degrees east or west of due south, as long as that doesn't impair the collectors' effective operation.

Texas, Colorado, Arizona and a number of other states have their own solar-access rules. If you're planning panels, look up your state's law before you apply. Our architectural approval guide covers the application itself.

Electric vehicle chargers

California Civil Code section 4745 voids governing-document provisions that effectively prohibit or unreasonably restrict an EV charging station in an owner's unit or designated parking space, including a deeded space or an exclusive-use space. Reasonable restrictions are allowed if they don't significantly increase the charger's cost or significantly reduce its efficiency or performance. The charger must meet building and safety codes, and the statute sets rules about who pays for installation, insurance and electricity when a charger is in a common area. A handful of other states, including Colorado, Florida and Virginia, have passed EV charging laws for associations. They differ in the details, so check yours.

Drought-tolerant landscaping and artificial turf

California Civil Code section 4735 voids rules that prohibit, or have the effect of prohibiting, low water-using plants as a group or as a replacement for turf, or artificial turf. Associations also can't fine owners for cutting back on watering lawns during a declared drought emergency. The HOA can still apply landscaping rules that are consistent with the statute, such as approved plant lists or rules about maintenance.

Reasonable accommodations for disabilities

The federal Fair Housing Act applies to HOAs. It makes it unlawful to refuse a reasonable accommodation in rules, policies or practices when the accommodation may be necessary to give a person with a disability equal opportunity to use and enjoy a dwelling. HUD and the Department of Justice's joint statement on reasonable accommodations explains how this works. Common examples in HOAs:

• an assistance animal despite a no-pets rule or a weight limit;
• an assigned parking space close to the unit;
• a ramp or grab bars (reasonable modifications, usually at the owner's expense);
• an exception to a rule about how or when trash is put out.

The association can ask for reliable information about the disability-related need when the disability or the need isn't obvious. It can deny a request that would impose an undue financial and administrative burden or fundamentally alter its operations. Put the request in writing, describe the accommodation and why you need it, and keep a copy.

How to use these protections

1. Find the exact law. Quote the statute or rule by number in your application or response. An HOA board is far more likely to back down when it sees the citation.
2. Comply with the reasonable parts. If the rule lets the association pick the location or require a notice, do that. You'll be in a much stronger position if you've followed every lawful requirement.
3. Put it in writing. Apply or give notice in writing and keep dated copies of everything. If you get a violation letter, respond in writing too. Our guide to fighting an HOA fine and the fine appeal letter tool can help.
4. Escalate the right way. For satellite dishes, you can contact the FCC. For fair housing issues, you can file a complaint with HUD or your state's fair housing agency. For state-law protections, many statutes award attorney's fees to the winner, which makes local attorneys more willing to take a case.

What these laws don't do

These protections don't let you ignore the HOA entirely. They don't cover common areas you don't have exclusive use of, they don't cancel reasonable safety rules, and most still allow some say over placement and appearance. And outside the specific items covered by law, the HOA's documents generally control. Our guide to reading your HOA documents explains where to find the rules that apply.

This guide is general information, not legal advice. State laws change often, so check the current statute before relying on it.