Rules & EnforcementVT
When Is a Vermont HOA Rule Unenforceable?
By The HOARebel Team · May 27, 2026 · 3 min read · Updated June 2, 2026
A board can announce a rule, but announcing it is not the same as being able to enforce it. In Vermont, a rule has to clear several hurdles before it binds a homeowner. Vermont communities are governed primarily by the Vermont Common Interest Ownership Act (VCIOA), Title 27A, together with the declaration and bylaws. This is general information, not legal advice — for how it applies to your specific situation, a licensed Vermont attorney is the right resource.
Rulemaking power has a source — and limits
A board's authority to make rules comes from the governing documents and the statute. VCIOA addresses the association's rulemaking power (§ 3-120) and its general powers (§ 3-102), including that violation fines come only "after notice and a hearing" and must be "reasonable." A purported rule the board never validly adopted, or one that exceeds the authority in the declaration, stands on weaker ground.
Common reasons a rule may not be enforceable
Homeowners and attorneys often examine whether:
- The rule was properly adopted. Boards generally must follow the rulemaking procedure in the statute and bylaws. A rule announced informally may not have been validly enacted.
- The rule is consistent with the declaration. A rule cannot contradict the recorded declaration; where they conflict, the declaration generally controls.
- The rule is reasonable. VCIOA ties the fine power to reasonableness, and reasonableness runs through how courts evaluate restrictions generally.
- The rule collides with higher law. Federal law — for example the Fair Housing Act (disability accommodations, familial status) — can override a conflicting HOA rule, as can other state and federal protections.
A Vermont statute that voids solar and clothesline bans
Vermont has its own statute that overrides a category of HOA covenants outright. Under 27 V.S.A. § 544, "no deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources" from being installed on covered buildings, and an owner "may not be denied permission to install solar collectors or other energy devices based on renewable resources" by an entity with architectural-approval power. The association retains a narrow say: it may specify where on the roof a solar collector goes, but only "within an orientation to the south or within 45 degrees east or west of due south" and only so long as the placement "does not impair the effective operation of the solar collectors." A declaration provision or rule banning a clothesline or a residential solar array runs directly into this statute, regardless of how the covenant was adopted.
Selective enforcement
Even a valid rule can fail in the way it is applied. When an association enforces a restriction against one owner while ignoring the same conduct next door, that uneven enforcement can raise a selective enforcement problem. Owners commonly document neighbors with the same condition who were never cited — with photos, dates, and addresses — because a concrete pattern is what makes the argument land.
Start with the actual documents
Because VCIOA sets a floor and leaves much to the declaration and bylaws, the first step when a rule seems questionable is usually reading the recorded documents and the adopted rule together. A records request under § 3-118 can reach the adopted rules, the minutes showing how (or whether) a rule was passed, and any fine schedule. If a fine is attached to the rule, see also Challenging an HOA Fine in Vermont.
Where to turn
When a homeowner believes a rule is invalid or is being enforced unevenly, the avenues include raising it with the board in writing and consulting a licensed Vermont attorney to evaluate whether a specific rule is enforceable against a specific owner.