HOA Rules and Regulations: What Your HOA Can Control

Paint colors, parking, flags, pets, rentals, noise and trash cans: almost every part of HOA living is shaped by a rule somewhere. HOA rules and regulations can feel endless, but they follow a clear structure in both Nevada and California. This guide explains where rules come from, how boards can change them, what an HOA can and cannot control, and when a rule goes too far. Each section links to a detailed guide on that topic.

Where do HOA rules and regulations come from?

State and federal law come first. Next is the declaration, usually called the CC&Rs, which is recorded against every home. Then come the bylaws, which govern how the association operates. Board-adopted HOA rules and regulations sit at the bottom, and they must fit within everything above them.

California sets the test for a valid rule in Civil Code §4350. A rule must be in writing, within the board’s authority, consistent with the law and the governing documents, adopted in good faith with the required procedure, and reasonable.

Nevada’s test is in NRS 116.31065. Rules must be reasonably related to their purpose, explicit enough to follow, and consistent with the governing documents. They may not be adopted to evade the association’s obligations, and they must be uniformly enforced.

How can an HOA change its rules and regulations?

Under Civil Code §4360, a California board must give members at least 28 days’ notice of a proposed rule change, with the text and its purpose and effect. The board decides at a board meeting after considering comments, and must announce the adopted change within 15 days.

An emergency rule to address an imminent threat to health or safety, or of substantial economic loss, can skip the advance notice. It is effective for up to 120 days and cannot be readopted as an emergency rule.

Owners can also force a vote on reversing a non-emergency rule change. A request from at least 5 percent of the interests, made within 30 days of notice, triggers a special vote. Our guide explains how to reverse an HOA rule change.

In Nevada, rules must stay consistent with the declaration. Changing the declaration itself generally takes a vote of owners holding at least a majority of the votes, unless the declaration sets a different percentage (NRS 116.2117). An amendment that restricts the permitted uses of a unit generally cannot be enforced against an owner who owned it when the amendment was recorded.

What HOA rules and regulations apply to renting?

In California, governing documents may not prohibit or unreasonably restrict renting, and a rental cap may not be set below 25 percent of the units (Civil Code §4741). Associations may still prohibit rentals of 30 days or less. See our guide to short-term rentals in California HOAs.

In Nevada, an association generally may not prohibit leasing unless the declaration did so when the owner bought (NRS 116.335). In a planned community, stays under 30 days require that the governing documents not prohibit them, board approval, and proper zoning and licensing (NRS 116.340). Our guide to Nevada HOA short-term rental rules covers the details.

What can the HOA control on the outside of your home?

Most associations require approval before exterior changes such as paint, fences, windows and patio covers. California requires a fair, reasonable and expeditious review process with written decisions. Nevada leaves the process to the governing documents. Our guide to HOA architectural review covers both.

Certain projects are protected. In Nevada, covenants that prohibit or unreasonably restrict solar are void (NRS 111.239), and drought tolerant landscaping cannot be prohibited in areas an owner uses exclusively (NRS 116.330). California protects solar, water-wise landscaping, EV charging and ADUs, each covered in its own guide.

Disputes between neighbors over views and tree height often turn on the CC&Rs rather than state law. Our guide to HOA view and height disputes explains how they are resolved.

What HOA rules apply to flags and signs?

Flags in Nevada: an association may not prohibit an owner from displaying the US flag or the Nevada flag in an area the owner uses exclusively (NRS 116.320). It may reasonably restrict placement and manner of display. The Nevada flag may be no larger than the owner’s US flag, and commercial flags are not protected.

Flags in California: governing documents may not limit or prohibit the US flag on your separate interest or exclusive use common area. The only exception is protecting public health or safety (Civil Code §4705). Other noncommercial flags and banners are protected too, but the association may limit them to 15 square feet (Civil Code §4710).

Signs in Nevada: an association may not prohibit political signs in an owner’s exclusive use area (NRS 116.325). It may limit each sign to 24 by 36 inches and one sign per candidate, party or ballot question. A tenant’s written consent is needed if the unit is rented.

Signs in California: governing documents may not prohibit noncommercial signs and posters in a yard, window, door, balcony or outside wall. The association may limit signs and posters to 9 square feet (Civil Code §4710). Religious items on an entry door or door frame are also protected (Civil Code §4706).

In both states, protected displays must be made of paper, cloth or similar materials. Lights, paint, balloons and plantings shaped into a flag or sign are not protected.

What can an HOA control about parking and vehicles?

Parking rules usually come from the CC&Rs and board rules: guest parking, garage use, street parking inside gated communities, and limits on RVs, boats, trailers and commercial vehicles. These are among the most common HOA rules and regulations, and among the most frequent sources of fines.

Nevada limits: in a community without gates or restricted access, the board may not regulate publicly dedicated streets. It may still reasonably restrict parking of RVs, watercraft, trailers and commercial vehicles. It may not ban utility service vehicles of 20,000 pounds or less, or government emergency and law enforcement vehicles, when they are used for work or emergency duty (NRS 116.350).

Towing in Nevada: the association must give at least 48 hours’ notice, on the vehicle or to the owner, before towing for a parking violation. No notice is needed if the vehicle blocks a fire hydrant, fire lane or disabled space, or poses an imminent threat. An association may not order a vehicle on association property towed solely because its registration has expired (NRS 116.3102).

Towing in California: private property towing, including by an HOA, follows Vehicle Code §22658. A sign at least 17 by 22 inches, with lettering at least one inch high, must be in plain view at every entrance. Otherwise the car may be towed only 96 hours after a violation notice.

The association must notify local police within one hour of authorizing a tow. An association that tows without following these rules owes double the towing or storage charges.

California law voids HOA rules that effectively prohibit or unreasonably restrict an EV charger in your unit or designated parking space, though reasonable restrictions are allowed (Civil Code §4745). See our guide to EV charging and your California HOA.

What HOA rules and regulations apply to pets?

California protects pet ownership for governing documents adopted or amended on or after January 1, 2001. Those documents may not prohibit an owner from keeping at least one pet, subject to reasonable rules (Civil Code §4715). A pet means a domesticated bird, cat or dog, an aquatic animal in an aquarium, or another animal the owner and association agree on.

Assistance animals are a different question. A no-pet rule or pet limit may have to yield to a reasonable accommodation request under fair housing law. Our guide to emotional support animals and HOA rules explains how those requests work.

Who is responsible for repairs?

That default comes from Civil Code §4775 in California and NRS 116.3107 in Nevada. Balconies, patios and other areas serving one unit follow special rules, and the CC&Rs can shift almost any item. Our guide to HOA common area repair responsibility covers leaks, insurance and how to get a repair made.

When are HOA rules and regulations unenforceable?

A rule that conflicts with state law, such as a ban on long-term rentals in California or a ban on solar in Nevada, does not bind owners. Neither does a board rule that contradicts the CC&Rs, or a California rule adopted without the notice §4360 requires.

How HOA rules and regulations are enforced matters as much as their text. In Nevada, a rule that is not uniformly enforced under the same or similar circumstances may not be enforced against any owner (NRS 116.31065).

In California, the Supreme Court has said enforcement must be in good faith and applied uniformly (Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361).

Both states also require notice and a hearing before a fine. Our guide on how to contest an HOA fine covers that process.

How do you challenge an HOA rule?

Most disputes over HOA rules and regulations start with one question. Ask the board, in writing, which section of the governing documents authorizes the rule and when it was adopted. Many disputes end there. Then raise the issue at an open meeting so it is recorded in the minutes.

In California, you can request internal dispute resolution in writing (Civil Code §5910), and members may be able to reverse a recent rule change by calling a special vote. In Nevada, you can file an intervention affidavit with the Real Estate Division after giving written notice, as explained in our Nevada Ombudsman guide.

Keep following the rule while you challenge it, unless following it would itself break the law. That keeps the dispute about the rule, not about a new violation.

Frequently asked questions

Conclusion

HOA rules and regulations follow a simple order: the law, then the CC&Rs, then the bylaws, then board rules. Rules must be authorized, reasonable, properly adopted and evenly enforced. Some rights, like long-term leasing, solar, water-wise landscaping, the US flag and certain signs, have statutory protection that rules cannot override.

When a rule affects you, find its source, check how it was adopted, and compare how it is enforced. The guides in this series cover each topic in depth. For a state-by-state overview, see our Nevada NRS 116 guide and Davis-Stirling Act guide.