The 5 Most Common HOA Rule Violations and How to Fight Them

• Grass exceeding the maximum height (usually 3-6 inches) • Dead or dying plants, trees, or shrubs • Weeds in the lawn, flower beds, or cracks in driveways • 'Xeriscaping' or drought-resistant landscaping not approved by the architectural committee • Visible irrigation equipment or hoses • Unapproved mulch, rocks, or landscaping materials

Defense Strategy #1: Check your CC&Rs for specific standards. Many violation notices cite vague 'aesthetics' clauses without specific measurements or definitions. Defense Strategy #2: Document weather conditions. If you received a violation after a drought, heat wave, or your lawn service company missed a visit, this is a valid explanation. Defense Strategy #3: State law protections. Many states (including California, Nevada, and Arizona) prohibit HOAs from banning drought-resistant landscaping or requiring excessive water use. Defense Strategy #4: Selective enforcement. Walk your neighborhood and photograph other properties with similar or worse landscaping. If the HOA isn't enforcing uniformly, this is a valid defense. Response Template: 'I acknowledge receipt of your notice regarding landscaping at my property. However, I note that [specific weather conditions/lawn service issue] contributed to this temporary condition, which I am addressing. Additionally, I observe that [number] other properties have similar or more significant landscaping issues, as documented in the attached photos, yet have not received violation notices. I request that this violation be dismissed due to [temporary nature of issue/selective enforcement].'

• Parking on the street overnight (or for 'too long') • Commercial vehicles (trucks with logos, vans, etc.) • RVs, boats, trailers, or jet skis parked in driveways • Parking in guest spots without authorization • Inoperable or unlicensed vehicles • Parking 'the wrong direction' on the street

Defense Strategy #1: Check if the parking rule is actually in your CC&Rs or just in 'rules and regulations.' Many HOAs adopt parking rules that exceed their authority. Defense Strategy #2: Public street defense. If you're being cited for parking on a public street, the HOA may not have authority to restrict this. Check your city's municipal code—in many cases, HOAs cannot restrict parking on public streets. Defense Strategy #3: 'Commercial vehicle' definition. If your vehicle is cited as 'commercial,' argue that it's a personal vehicle used for work, not a commercial truck. Many states limit HOAs' ability to restrict vehicles based solely on appearance. Defense Strategy #4: Temporary exception. If you're parking an RV or trailer temporarily (for loading/unloading for a trip), many CC&Rs allow short-term parking (usually 24-72 hours). Response Template: 'I am responding to your notice regarding parking at my property. I note that [the street is a public street/the vehicle in question is my personal vehicle used for commuting/the parking was temporary for loading purposes]. Per [your CC&Rs section], this parking does not violate the governing documents. Additionally, I observe that [number] other properties regularly park similar vehicles without receiving violation notices. I request withdrawal of this violation.'

• Repainting your home without architectural committee approval • Using a color not on the 'approved list' • Trim, shutters, or doors in unapproved colors • Touch-up paint that doesn't quite match • Faded paint that the HOA deems unsightly

Defense Strategy #1: Previous approval. If your paint color was approved when you or a previous owner painted, argue that you should not be required to repaint simply because the HOA changed its approved colors. Defense Strategy #2: Vague standards. If your CC&Rs say colors must be 'harmonious' or 'attractive' without defining specific colors, argue that the standard is too subjective to be enforceable. Defense Strategy #3: Similar colors in the community. Photograph homes with similar colors that were approved or haven't been cited. Defense Strategy #4: State laws. Some states limit HOAs' ability to restrict paint colors, especially if the restrictions are adopted after you purchased your home. Response Template: 'I am responding to your notice regarding my home's exterior paint color. [I received approval from the architectural committee on DATE/This color was approved for the previous owner/Similar colors exist throughout the community]. I have attached documentation/photos demonstrating that this color is consistent with community standards. Per [CC&Rs section], I respectfully request that this violation be withdrawn.'

• Installing a fence, shed, or structure without approval • Adding or changing windows, doors, or garage doors • Installing solar panels, satellite dishes, or security cameras • Building a deck, patio, or outdoor structure • Adding exterior lighting or decorative elements

Defense Strategy #1: After-the-fact approval. If you installed something without approval, submit an architectural application retroactively. Many HOAs will approve reasonable improvements. Defense Strategy #2: State law protections. Federal and state laws protect: • Satellite dishes under 1 meter (FCC regulations) • Solar panels (protected in most states) • Security cameras on your property (protected in many states) • Flags (American flag, state flag, military flags) • Clotheslines (protected in many states) Defense Strategy #3: Reasonable accommodation. If you made a modification due to a disability, request a reasonable accommodation under the Fair Housing Act. Defense Strategy #4: Challenge arbitrary denials. If your architectural request was denied but similar requests were approved, argue selective enforcement or arbitrary decision-making. Response Template: 'I am responding to your notice regarding [architectural modification] at my property. I have submitted an application for retroactive approval dated [DATE]. [This modification is protected under state/federal law, including {law citation}/Similar modifications have been approved for other properties, as documented in the attached records]. Per [CC&Rs section], I request approval and withdrawal of this violation.'

• Trash cans visible from the street (except on collection day) • Storing tools, equipment, or toys in the front yard • Firewood, lumber, or building materials in view • 'Clutter' in the driveway or yard • Holiday decorations left up 'too long'

Defense Strategy #1: Check the timing. Most CC&Rs allow trash cans to be visible on collection day and the evening before. If you're cited on collection day, the violation is likely invalid. Defense Strategy #2: Define 'visible.' If your CC&Rs prohibit trash cans 'visible from the street,' but yours are partially hidden by landscaping or a fence, argue they're not visible. Defense Strategy #3: Temporary storage. If you're cited for items that are temporarily in your driveway (e.g., during a project or move), most CC&Rs allow short-term storage. Defense Strategy #4: Selective enforcement. Document other properties with visible trash cans, holiday decorations, or yard items. Response Template: 'I am responding to your notice regarding [trash cans/storage items] at my property. I note that [the items were visible only on trash collection day/the items are temporary and will be removed by DATE/similar items are visible at numerous other properties]. Per [CC&Rs section], this does not constitute a violation. I request withdrawal of this notice.'

1. Always respond in writing within the deadline 2. Read your CC&Rs carefully—many violations cite rules that don't actually exist 3. Document everything with photos, timestamps, and written records 4. Look for selective enforcement throughout your community 5. Request a hearing if you disagree with the violation 6. Stay professional—emotional responses rarely help 7. Know your state's HOA laws—many provide specific protections 8. Consider whether the rule itself is valid and enforceable