What Your HOA Is Really Allowed to Control — And How Buyers Can Avoid Nasty Surprises

What an HOA Usually Controls

Every community is a little different, but homeowners associations commonly have broad authority over the appearance and operation of the community. Typical HOA controls include:

• Exterior appearance: paint colors, siding, fencing, roof materials, and exterior alterations.
• Landscaping & yard maintenance: turf, plantings, tree trimming, and irrigation standards.
• Architectural changes: approval for additions, sheds, hardscaping, or visible exterior changes (usually via an ARC).
• Parking & vehicle rules: street parking limits, RV/boat storage, and commercial vehicle restrictions.
• Use restrictions: short-term rentals, home-based businesses, noise and nuisance rules.
• Community amenities & hours: pool rules, clubhouse use, gate access, and reservation policies.
• Assessments, dues & fines: monthly/annual HOA dues, special assessments, late fees, and fines for violations.

Simply put, if it affects how your home looks or how you use common elements, the HOA probably has rules about it.

What HOAs Usually Can't Do (and What’s Limited by State Law)

HOAs aren’t governmental authorities; they have limitations that include:

• They generally cannot regulate things unrelated to community covenants (for instance, personal relationships or matters outside the property).
• HOAs must follow their own governing documents (CC&Rs, bylaws) — they can't enforce rules not written into those documents.
• State laws (including Utah statutes) set some boundaries on notice, meetings, records access, and how assessments are levied and collected.
• They are generally limited to fines or leins as a means of penalty. In some cases, they may also be able to revoke access to amenities as a penalty for not complying with HOA rules.

Every HOA is different, and state law matters. If you have concerns about specific legal limits in Utah, consult an attorney or the Utah Division of Real Estate for more detailed legal guidance.

Common HOA “Nasty Surprise” Scenarios — And How to Spot Them Before You Buy

These are the recurring problems new buyers face — and the red flags you can look for on the listing or during showings to avoid them:

Due Diligence Checklist: What to Request BEFORE Closing

Get these documents and answers in writing — ideally during your contingency period:

If the HOA or seller resists providing documentation, we suggest our buyers treat that as a red flag.

How Buyers Can Negotiate & Protect Themselves

So what can you do to protect yourself? Here are some practical steps to reduce your risk:

• Add contingencies: include an HOA-document review contingency and the right to cancel if assessments or rules are unacceptable.
• Ask for credits: if a special assessment is approved but not yet billed, negotiate a seller credit or reduction in price.
• Confirm transfer fees & move-in rules: gates, parking permits, or inspection requirements can add cost and hassle on moving day.
• Speak with the board or a property manager in the community: a brief conversation can clarify culture — are they cooperative or overbearing?

Here's what Erika Rogers, local St. George realtor and market expert, says: "HOAs in the St. George area vary from relaxed, homeowner-run groups to professionally managed communities with strict design standards. Before you commit, do the paperwork, talk to residents when possible, and make sure the HOA’s character fits your lifestyle. If you want quiet uniformity and well-maintained common areas, an HOA can be a major win — just make sure you understand the cost and limitations that come with that convenience."