In this political climate, people are expressing their own opinions far more often. One way that they do so is by displaying signs for their preferred candidates or point of view on their front yards. No matter the viewpoint, California HOAs usually cannot prohibit yard signs or place limits on how homeowners may restrict themselves.
In general, California HOA homeowners have the right to place noncommercial signs on their lawns in front of their unit. An HOA lacks the legal ability to place a blanket ban on these signs. The only way that an HOA can bar these signs is if they relate to public health and safety.
HOAs May Restrict the Size and Number of Signs
However, an HOA still has some ability to make rules about some aspects of political signs. While the homeowner has the right to a sign in their yard, the HOA may be able to restrict the number of signs that they display. Conceivably, the HOA could also place limits on the size of these signs and the duration for which they are displayed.
Regardless, an HOA needs to be careful that they are acting based on a rule that has been passed by a vote or is part of the bylaws. Politics is an area that spurs passions more so than ever, and HOAs can expect that homeowners will have a quick trigger on filing a lawsuit. HOAs and their residents must tolerate viewpoints, even if they find them offensive. Perhaps the only way that an HOA could restrict the content of these signs is if they contain hate speed. Nonetheless. HOAs should consult with legal counsel if they are experiencing an issue.
San Jose, CA, Campbell, CA, Mountain View, CA, Sunnyvale, CA, Santa Clara, CA, Cupertino, CA HOA Attorneys
Pratt & Associates works with California HOAs on issues such as these. Call us today at 408.369.0800 or contact us online to discuss your legal matter.