HOA Rules by State — Complete US Guide

Homeowner Association (HOA) law is state law, with substantial federal preemption on specific topics. Roughly 74 million Americans (about 28% of homeowners) live in a community association — a category that includes HOAs, condominium associations, and cooperatives. Each state regulates these through either its own comprehensive statute (California's Davis-Stirling Act, Florida's Chapter 720, Texas's Property Code Chapters 202-215) or through adoption of the Uniform Common Interest Ownership Act (UCIOA), which has been adopted in some form by 17+ states.

The most consequential state-to-state variations are on foreclosure authority (can the HOA foreclose without going to court?) and disclosure requirements (what must a seller give a buyer before sale?). Federal law creates preemption pockets: the Freedom to Display the American Flag Act (2005), FCC over-the-air reception device rules (satellite dishes, TV antennas), FCC amateur radio antenna rules (PRB-1), and the federal Fair Housing Act (protected-class discrimination is prohibited).

How state HOA laws vary

• Statutory framework: 17+ states have adopted the Uniform Common Interest Ownership Act (UCIOA) in some form. Others (California, Florida, Texas, Illinois, Massachusetts, New York) use state-specific statutes. Some states have minimal statutory framework and rely on general contract law and the community's own documents.
• Foreclosure authority: About half of US states permit non-judicial foreclosure by HOAs for unpaid assessments — the HOA can foreclose without a court process. The other half require judicial foreclosure. Some (California, Florida) have significant procedural protections even for non-judicial foreclosure.
• Resale disclosure: Most states require sellers to provide buyers with the HOA's governing documents, financial statements, and disclosure of pending litigation and special assessments before sale. Timing (5 days, 10 days, 30 days) varies.
• Amendment thresholds: Most require 67% of members to amend the declaration; some (Connecticut, Nebraska) require 80%. California and Florida use majority votes with specific procedural protections.
• Restrictions on restrictions: Some states prohibit HOAs from restricting solar panels (California, Florida, Arizona), electric vehicle charging (California, Colorado), rain barrels (Colorado), and other specific items. Federal law preempts on flags, satellite dishes, and ham radio antennas.