Federal laws

How federal law shapes HOAs.

Understand the federal statutes that regulate what an association can and cannot do — and the protections they give homeowners.

Federal laws to know

When federal law overrides the HOA rulebook.

Homeowners associations are generally creatures of state law. State legislatures enact the statutes that authorize HOAs, and for the most part state laws and regulations govern how they operate — but that doesn't mean federal statutes don't have an impact.

Quite a few federal laws directly affect HOA functions, regulating what an association can and cannot do and providing protections to homeowners and the general public. Violations carry severe consequences, even when unintentional — so homeowners, board members, and officers should all be familiar with the federal laws that apply.

01 Americans with Disabilities Act of 1990The ADA (42 U.S.C. § 12101 et seq.) affects HOAs with common elements open to the general public, prohibiting discrimination against people with disabilities in public accommodations — and, for larger associations, employment. 02 Fair Housing ActThe FHA (42 U.S.C. § 3604) prohibits housing discrimination based on race, color, religion, sex, familial status, national origin, and disability — with civil penalties reaching $50,000. 03 Fair Debt Collection Practices ActThe FDCPA (15 U.S.C. § 1692 et seq.) regulates third-party "debt collectors" — such as an HOA's attorney or collection agency — pursuing delinquent assessments, banning harassment and abusive conduct. 04 Freedom to Display the American Flag ActExpressly addressed to associations, the 2005 Act bars common-interest communities from preventing a member from displaying the U.S. flag on their own property, subject only to reasonable limits. 05 Over-the-Air Reception Devices RuleThe OTARD Rule (47 CFR § 1.4000) prohibits restrictions that impair the installation, maintenance, or use of antennas and small satellite dishes used to receive video programming. 06 United States Bankruptcy CodeOnce a member files bankruptcy, the "automatic stay" (11 U.S.C. § 362) generally bars the association from collection actions — including liens and civil complaints — while the case is pending. 07 Servicemembers Civil Relief ActThe SCRA (50 U.S.C. §§ 3901–4043) protects members of the armed forces from collections and foreclosures during service — and, unlike the FDCPA, it applies to all creditors, not just "debt collectors."
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Go deeper on federal HOA issues.

Covenants

Simply Unenforceable: HOA Covenants and How They Can Go Too Far

Plenty of covenants are unenforceable — from procedurally flawed enactment to arbitrary or capricious enforcement.

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Fair Housing

Religious Freedom in Homeowners Associations

Since the 1968 Fair Housing Act, there are real limits on an HOA's power to restrict religious practice.

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Familial status

What About the Children? HOA Age Restrictions and FHA Proscriptions

Age-based rules can run afoul of the FHA's familial-status protections — even when they seem reasonable.

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Free speech

Freedom in Associations: Exercising Free-Speech Rights in an HOA

Free speech is a cherished constitutional protection — but how far do those rights reach inside an HOA?

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Group homes

HOAs and Group Homes: Developing a Fair and Compliant Policy

Covenants often disallow commercial uses, but federal law protects certain group homes depending on the type.

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Enforcement

Facts About Selective Enforcement By an HOA

Facing an HOA penalty? Understand "selective enforcement" and how it applies to your association.

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Federal law FAQ

Frequently asked questions.

What federal laws apply to HOAs?
Several federal laws regulate HOAs, including the Fair Housing Act, the Americans with Disabilities Act, the Fair Debt Collection Practices Act, the Freedom to Display the American Flag Act, the FCC's OTARD Rule, the U.S. Bankruptcy Code, and the Servicemembers Civil Relief Act. State law still governs most day-to-day HOA operations.
Can an HOA stop you from flying the American flag?
No. The Freedom to Display the American Flag Act of 2005 bars an HOA from prohibiting a member from displaying the U.S. flag on their own property, though the association may set reasonable time, place, and manner rules. Learn more.
Can an HOA ban satellite dishes or antennas?
Generally no. Under the FCC's OTARD Rule, an HOA can't unreasonably restrict the installation, maintenance, or use of antennas or small (one meter or less) satellite dishes used to receive video programming. Learn more.
Does the Fair Housing Act apply to HOAs?
Yes. HOAs act as "housing providers," so they can't discriminate based on race, color, religion, sex, familial status, national origin, or disability — including by failing to make reasonable accommodations. Learn more.
Can an HOA collect from someone in bankruptcy or active military service?
Both are limited by federal law. Bankruptcy's "automatic stay" pauses collection of pre-petition debts, and the SCRA restricts collections, foreclosures, and interest rates against active-duty servicemembers.
Are HOAs governed by state or federal law?
Primarily state law, plus each community's governing documents — but a number of federal laws also apply and override conflicting HOA rules. Browse HOA laws by state.