HomeAdviceRemodelingDoes an HOA have any legal rights?
Go Back

Does an HOA have any legal rights?

I want to replace my deck to a much bigger one but the HOA said no. If i do it anyway, what will happen? Can they actually do anything? My neighbor got a notice about mildew on the side of his house and he didn't do anything and nothing every happened. Can my HOA take me to court?

Asked by Blaine F | Bentonville, AR| 04-07-2026| 4 views|Remodeling|Updated 1 day ago

Answers (1)

Sort by:
Austin PelkaSemi-Pro85 Answers
Austin Pelka

Keller Williams Shore Properties · Toms River, NJ

Yes, they can take you to court, and in most states they have a pretty clear path to do it. When you bought your home in an HOA community, you signed the CC&Rs, which is a binding legal contract. Structural additions like a larger deck almost always require HOA approval, and building one without it gives them grounds to pursue fines, force you to tear it down at your expense, or sue you for non-compliance. Your neighbor not getting pushed on the mildew notice is not a reliable indicator of how your situation will play out. HOAs tend to be a lot more aggressive about unapproved structural changes than they are about maintenance notices. A bigger deck is visible, permanent, and requires permits. That is a very different situation than a mildew warning that got ignored. There is also a practical issue down the road. When you go to sell, a title search will surface any HOA violations and unapproved structures. Buyers, their agents, and their lenders will flag it, and you could be forced to remove the deck or resolve the violation before closing anyway. The better move is to appeal the decision. Request the specific language in the CC&Rs they are citing, find out if there is a variance or appeal process, and consider presenting revised plans that address their concerns. Many HOA rejections on first submission are not final. Push back through the proper channel before you pick up a hammer.
View Profile
04-08-2026 (3 hours ago)··
Find Agent CTA

Are you ready to find a top agent near you?

Browse profiles of the highest ranked agents in your area and find one that meets your specific needs.

Related Questions

Who owns a fence between two houses?

Asked by Dominic G | Rochester, MN | 4 views | Remodeling | 04-07-2026 | Updated 1 day ago

How do I find out if a house has a hidden lithium battery wall?

Asked by Kiki B | Belton, MO | 28 views | Remodeling | 04-01-2026 | Updated 1 week ago

I bought a single wide noble home and needs a loan to remodel

Asked by Gary Ross | Matthews, NC | 8 views | Remodeling | 04-01-2026 | Updated 1 week ago

Will I get my money back on a screened in porch?

Asked by Tim L | Elmira, NY | 44 views | Remodeling | 03-26-2026 | Updated 1 week ago

Is it worth fixing up a harvest gold 1970s kitchen before listing?

Asked by Catherine | Indianapolis, IN | 37 views | Remodeling | 03-20-2026 | Updated 2 weeks ago