What Should Homeowners Know About HOA Backyard Rules?
When you live in a homeowners association, you know that there are specific rules and regulations you must abide by. Generally speaking, these regulations are straightforward and sense-based, designed to promote community peace and help homeowners maintain their property values.
The HOA Board has certain limitations on making and enforcing rules, as outlined in the community's governing documents.
These rules can affect various aspects of homeownership, including what owners can and cannot do in their backyards. Indeed, homeowners need to check their HOA's backyard policies before they decide to plant trees, erect a fence, or throw a party that will have lots of noise.
If you are a member of an HOA or a Board member and have questions about backyard rules, we recommend checking with your HOA management company.
Is it Legal for HOAs to Create Backyard Rules and Restrictions?
It is legal for your HOA Board to create and enforce regulations that relate to backyard upkeep and activity. However, there are two critical factors to consider: State laws and the governing documents of the HOA itself.
There are also the HOA's CC&Rs. If these documents contain rules about backyard fences, solar panels, etc., and if those rules do not conflict with state law, they are considered valid and enforceable. Again, we recommend a close reading of the HOA governing documents by Board members and owners. Familiarity with these documents is essential for knowing your rights and responsibilities, regardless of your position within the community.
What About Condominium Associations?
While a condo association may technically have backyard rules, it is less common than within HOAs. In a condo association, you usually do not have lawns or backyards that belong to individual owners.
What are the Most Common Backyard Rules in an HOA?
While backyard rules vary from community to community, specific regulations are prevalent. Here are a few of the most prominent examples.
1 Restrictions on Certain Types of Plants
Some HOA communities may prohibit homeowners from planting certain plants in their backyards. Examples include:
Plants that pose a threat to health and safety
Exotic plants
Plants that might aggressively spread into other yards
Additionally, some HOAs may require homeowners to select from pre-approved lists of plants to ensure some uniformity in backyard aesthetics. These restrictions can be an important way to preserve property values, though many communities will impose such restrictions only on the front yard.
2 Limits on Personal Gardens
While HOAs usually have no problem planting some flowers or herbs, full-fledged backyard gardens may be an issue. There are multiple reasons for this, but the main one is that backyard gardens often attract pests. Additionally, they usually hurt property values.
While backyard gardening may be limited, HOAs can cater to the "green thumbs" in their midst by making a community garden area.
3 Rules Regarding Tree Care
In some HOAs, backyard trees are not allowed. Where trees are permitted, there will likely be some stipulations in place. Specifically, homeowners might have to:
Keep trees properly pruned so that they do not extend into neighboring yards.
Plant trees in areas where they will not restrict anyone's views.
Adequately address any diseased trees (usually by cutting them down).
4 Restrictions on Sculptures, Furniture, Etc.
An HOA may also prohibit homeowners from placing large items in their backyard, particularly items deemed eyesores. Some of the most common examples include:
Sculptures
Offensive decorations
Basketball hoops
Fountains and bird baths (which can attract mosquitoes)
5 Limits on Storage Structures
Some homeowners may desire to erect standalone storage structures, including sheds, roofs, mini barns, or garages. Usually, HOA communities deal with this by requiring homeowners to submit their plans to an architecture review committee, which will verify that the programs meet the community's aesthetic standards. The architecture review process should be well-documented in the community's CC&Rs.
6 Rules Regarding Loud Noises
And what about backyard parties and gatherings? These are generally fine, though some HOAs may have some rules and statutes in place about noise levels or curfews.
Backyard Rules Should Exist for a Reason
The important thing for owners and Board members to remember is that backyard rules should never be arbitrary. On the contrary, backyard rules should always exist to help community associations maintain property values and uniform aesthetics enforced fairly and consistently. With questions or concerns, reach out to your Condominium Associates property manager.