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HOA Restrictions on Political Signs: What You Need to Know

By: Luke S. Carlson, Esq. April 7th, 2025

This article discusses California HOA rules affecting political signs and summarizes what California law generally allows and restricts.

California Law on Political Signs in HOA Communities

In California, the law generally protects a homeowner's ability to display certain noncommercial signs, including political signs. Civil Code Section 4710 limits an HOA’s ability to prohibit noncommercial signs, posters, and flags displayed on or within an owner’s separate interest, subject to reasonable restrictions.

Civil Code Section 4710 generally addresses noncommercial signs that are:
Made of paper, cardboard, cloth, plastic, or fabric
Within statutory size limits (commonly discussed as up to 9 square feet)
Displayed on or within the homeowner’s separate interest (not in the common area)

HOAs may impose reasonable restrictions, but they generally may not adopt or enforce rules that unreasonably restrict these displays.

What Restrictions Are Allowed And Which Are Not

While homeowners are generally allowed to display political signs, HOAs can implement reasonable, content-neutral regulations (often described as “time, place, and manner” rules). These may include:
Limiting the number of signs
Regulating the size of signs consistent with applicable law
Requiring signs to be placed only on an owner’s separate interest, not in the common area
Establishing reasonable time-related rules (for example, rules tied to election seasons)

However, HOAs generally should not:
Enforce rules based solely on the content of the sign or the homeowner’s viewpoint
Apply aesthetic or other restrictions in a way that targets particular political messages
Enforce sign rules inconsistently in a way that suggests selective enforcement

If an HOA’s actions appear to go beyond what is permitted, homeowners may want to review the HOA’s governing documents and the applicable provisions of California law.

The Legal Framework Behind HOA Sign Restrictions

Political sign disputes often arise from a lack of understanding, or misapplication, of California’s legal standards. HOAs operate under a specific legal framework that can include state statutes (including the Davis-Stirling Common Interest Development Act), local ordinances, and their own governing documents. While community associations can enforce reasonable rules, they must do so within the bounds of the law.

An HOA’s efforts to restrict political expression can have legal consequences in some situations, particularly where enforcement appears inconsistent or retaliatory. Homeowners dealing with potential penalties or enforcement activity may benefit from understanding the HOA’s stated basis for its decision and the procedures the HOA is required to follow.

How Board Misconduct Can Escalate a Sign Dispute

Not every dispute over a political sign starts with bad intentions — but when an HOA board of directors acts without a clear understanding of the governing documents or applicable law, the situation can escalate. Issues that can contribute to disputes include:
Unclear or undocumented enforcement actions
Inconsistent application of sign rules across different homeowners
Misunderstanding the HOA’s authority under California law
Failing to adhere to required notice and hearing procedures before discipline

These issues can expand a disagreement into a broader dispute affecting both the homeowner and the association.

Build an Effective Legal Strategy for Sign Disputes

Homeowners navigating sign disputes with their HOA often benefit from approaching the issue methodically and keeping good records. Depending on the situation, steps that are sometimes considered include:
Sending written communications that cite the governing documents and relevant statutes
Raising concerns about selective enforcement or inconsistent application of rules (if supported by facts)
Using the HOA’s internal dispute resolution procedures
Considering dispute resolution options, including mediation, where appropriate

If litigation is pursued, California law may require alternative dispute resolution efforts before certain types of HOA-related claims proceed in court. (See generally Civil Code Section 5930.)

Legal Consultations Provide Critical Clarity

When a homeowner is unsure how to respond to an HOA’s enforcement letter or proposed fine, some choose to speak with a California attorney to better understand the governing documents, the HOA’s procedures, and how Civil Code Section 4710 may apply.

In general, a lawyer may be able to:
Review governing documents and enforcement correspondence
Explain how California statutes may apply to the situation
Identify procedural requirements (such as notice and hearing issues)
Discuss potential next steps based on the homeowner’s objectives

The Role of Legal Counsel in Complex HOA Disputes

HOA-related conflicts — including disputes involving expression and signage — can become procedurally and factually complex. Some homeowners decide to work with legal counsel for help evaluating documents, communicating with the HOA, and navigating dispute resolution or court procedures.

Depending on the matter, this may include:
Pre-litigation document review and analysis
Participation in mediation or other alternative dispute resolution
Litigation representation, if a dispute proceeds to court
Guidance on documenting issues to help reduce future misunderstandings

When to Consider Speaking With a Lawyer

If an HOA is attempting to limit political signage, homeowners may want to promptly review (1) the HOA’s written rules, (2) the HOA’s enforcement notices, and (3) relevant California statutes, including Civil Code Section 4710. In some situations, speaking with a California attorney can help a homeowner understand the process, potential risks, and available options.

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