When HOA Operating Rules are Unenforceable
HOA operating rules cannot be enforced when they violate laws, are contrary to the association's CC&Rs, infringe on homeowner rights, are discriminatory, vague, or arbitrary. They must also be adopted according to California law. These so-called operating rules may conflict with federal , state, or local laws, violate fair housing acts, or infringe on rights such as the freedom to assemble, the freedom of speech, religious freedom, or the right to bear arms. Rules may also be unenforceable if they are selectively or inconsistently applied.
A few examples of unenforceable rules are: (1) unreasonable restrictions on political signs, (2) unreasonable restrictions on the installation of solar panels, (3) unreasonable restrictions on the installation of EV charging stations, (4) certain bans on pets, and (5) unreasonable restrictions on the use of water-saving plants and the installation of artificial turf.
San Diego HOA Management
619-775-2414
San Diego HOA Management