Understand How Federal Laws Affect HOA Functions
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 of federal law have severe consequences, even when unintentional. Homeowners, board members, and officers should all be familiar with the federal laws that apply to HOAs.
Americans with Disabilities Act of 1990
The ADA (42 U.S.C. § 12101 et seq.), though not as broadly applicable as the FHA, affects HOAs with common elements open to the general public. Enacted in 1990, it prohibits discrimination against people with disabilities in employment, public accommodations, and access to programs and services. For HOAs, "public accommodations" is the most relevant area — and a large association may also be ADA-regulated as an employer.
Learn more about ADA →Fair Housing Act
The Fair Housing Act (42 U.S.C. § 3604) prohibits housing discrimination based on race, color, religion, sex, familial status, national origin, and disability. An HOA cannot take any adverse action affecting a person's right to buy, rent, or enjoy real estate based on membership in a protected class — and with civil penalties reaching $50,000, some violations aren't obvious on the surface.
Learn more about the FHA →Fair Debt Collection Practices Act
The FDCPA (15 U.S.C. § 1692 et seq.) regulates "debt collectors" who collect debts owed by consumers. It requires certain notices, restricts how and when collectors may communicate, and bans harassment or abusive conduct — rules that apply when third parties (such as an HOA's attorney or collection agency) pursue delinquent assessments.
Learn more about FDCPA →Freedom to Display the American Flag Act
The Freedom to Display the American Flag Act of 2005 is unique among federal HOA laws — it's expressly addressed to associations. It bars common-interest communities from adopting or enforcing any policy that would prevent a member from displaying the U.S. flag on their own residential property, subject only to reasonable time, place, and manner limits.
Learn more about the Flag Act →Over-the-Air Reception Devices Rule
The OTARD Rule (47 CFR § 1.4000), in effect since 1996, prohibits restrictions that impair the installation, maintenance, or use of antennas and small (one meter or less) satellite dishes used to receive video programming. An HOA cannot unreasonably delay or prevent installation, unreasonably increase its cost, or preclude reception of an acceptable-quality signal.
More about OTARD →United States Bankruptcy Code
The bankruptcy code is complex, but the key point for HOAs is the "automatic stay": once a member files bankruptcy, the association generally cannot take collection actions — including filing liens or civil complaints — on debts subject to the case while it is pending (11 U.S.C. § 362). Violating the stay can carry penalties, including having to return money or release a lien.
More about the Bankruptcy Code →The Servicemembers Civil Relief Act
The SCRA (50 U.S.C. §§ 3901–4043) protects members of the armed forces from collections actions and foreclosures during their service. It covers active-duty servicemembers, activated reservists, and National Guard members on active duty for more than 30 consecutive days — and unlike the FDCPA, it applies to all creditors, not just "debt collectors."
Learn more about the SCRA →Go deeper on federal HOA issues
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.
Read article →Religious Freedom in Homeowners Associations
Since the 1968 Fair Housing Act, there are real limits on an HOA's power to restrict religious practice.
Read article →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.
Read article →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?
Read article →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.
Read article →Facts About Selective Enforcement By an HOA
Facing an HOA penalty? Understand "selective enforcement" and how it applies to your association.
Read article →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.