There’s no doubt that the U.S. is more politically polarized than ever. That’s true even within our own state – and sometimes within communities. No one has to drive far without seeing a bumper sticker, flag, banner, poster or sign that reflects support for a candidate, group, law or idea that they strongly oppose – or opposition to one they support.
When signs, posters, flags and banners make their way into residential neighborhoods and condominium complexes, they can provoke some very unneighborly behavior. Homeowners’ association (HOA) officers often seek to prohibit residents from displaying these in their yards, on their patios and balconies, in their windows and on their doors.
What does the law say?
California, however, is among the states that only allows HOAs to prohibit political signage in common areas like sidewalks or common lawn areas, pools, golf courses and streets.
The best way for HOAs to avoid the issue of political or other potentially inflammatory displays on residents’ property is to have a clause in the covenants, conditions and restrictions (CC&Rs) or other agreement that prohibits signs, banners or flags over a specific size. Under California law, “An association may prohibit noncommercial signs and posters that are more than nine square feet in size and noncommercial flags or banners that are more than 15 square feet in size.”
California law also allows HOAs to prohibit individual property owners from displaying signs “as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.” This could be used to keep out signs that use obscenities or threatening language.
How to help avoid disputes
It can be helpful to remind all property owners of the law and of any specific HOA regulation about political displays before we get too far into election season – just as you likely remind them about how long they can keep their outdoor holiday lights and decorations up before the holiday season.
This can minimize disputes between residents and the HOA and among residents themselves. It can help to have legal guidance to prevent the need to deal with residents’ claims against the HOA.