Believe it or not, a lot of people are curious about whether homeowner associations are legal. Yes, whether they are structured as a private corporation or an unincorporated association (including non-profit ones) HOAs are legal. They are governed by state and federal law, and have to follow those laws if they expect to operate without being challenged by owners.
HOAs set their own rules through their board and file CC&Rs, but those cannot violate laws. Some constitutional challenges have been made with mixed success, and always at the cost of the owner. Fighting an HOA consumes time and often significant attorney’s fees. By far the best course of action for someone looking to effect change within an HOA is to run for the board or propose amendments to the CC&Rs to help meet the needs of your community.
If you are interested in running for the board, check out this guest post on an HOA makeover.
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