This article discusses how California law and HOA governing documents can affect the display of political and other noncommercial signs in common interest developments. If you are facing a sign dispute or related rule enforcement, you may wish to consult a California attorney to understand how the law applies to your specific situation.

Are Political Signs Protected in HOA Communities?

In California, state law provides specific protections for homeowners who want to display noncommercial signs, including political signs. Civil Code Section 4710 limits an HOA’s ability to prohibit the display of certain:
Noncommercial signs, posters, flags, or banners
On or in a homeowner’s separate interest or exclusive use common area
As long as the sign is made of paper, cardboard, cloth, plastic, or fabric and is of reasonable size
HOAs may still be able to adopt and enforce reasonable rules about the time, place, and manner of display, and restrictions may also apply for health, safety, or other lawful reasons.

Identify When HOA Political Sign Rules Cross Legal Boundaries

While HOAs may regulate aspects of signage in a community, they must do so in compliance with California Civil Code and other applicable statutes, as well as the association’s governing documents. When the board of directors enforces rules inconsistently or targets particular viewpoints, including regarding political signage, it can create legal risk and may give rise to a dispute.
These situations can escalate into complex disagreements, especially when homeowners receive notices of violation, fines, or other enforcement actions related to signage. Homeowners often evaluate the governing documents, the specific rule being applied, and the association’s enforcement history to understand whether a rule or enforcement action is legally supportable.

Respond to HOA Sign Enforcement

If your HOA threatens fines, removes signs from your property, or issues violation notices, homeowners commonly consider steps such as:
Review the Governing Documents: Look for specific sign restrictions in the CC&Rs or rules and regulations.
Request Written Justification: Ask the HOA for the specific basis of any enforcement action.
Document Everything: Keep a record of all communications, notices, and sign removals.
Consider Consulting an Attorney: A California attorney can review the facts, evaluate how California law may apply, and explain potential options.

The Legal Process for Challenging HOA Rule Violations

When informal efforts fail, homeowners may choose to formally challenge an HOA’s enforcement of sign rules they believe are illegal or overreaching. Depending on the circumstances, that may involve:
Sending a written dispute or demand letter
Participating in internal dispute resolution (IDR) and/or alternative dispute resolution (ADR), such as mediation
Filing a civil action seeking injunctive relief or damages, where available and appropriate
California law may require ADR before filing certain types of lawsuits involving enforcement of governing documents, and procedures and deadlines can vary by claim.

Strategic Legal Support for Political Expression Conflicts

When dealing with an HOA that a homeowner believes is misapplying sign restrictions, it can be helpful to focus on the specific statutory protections involved and the particular language in the HOA’s governing documents.
Common areas of analysis include:
A review of the governing documents and relevant California statutes
An assessment of whether any restrictions are content-neutral and applied consistently
Consideration of whether selective enforcement may be an issue based on the association’s practices
Evaluation of potential next steps to seek compliance or resolution

Why Legal Consultation Is a Crucial First Step

Before escalating a disagreement, homeowners often find it helpful to understand the HOA’s stated basis for enforcement and to evaluate whether the issue is one that warrants further action. A legal consultation may provide insight into how California law applies to the situation and what dispute-resolution options may be available.

Protect Expression While Maintaining Compliance

Many homeowners aim to balance community rules with the protections California law provides for certain noncommercial signage. With the right approach, it may be possible to display a sign while also addressing any legitimate restrictions related to size, placement, or safety.

Speak with a California HOA Attorney About Your Rights

Some homeowners choose to speak with a California attorney when an HOA’s sign rules or enforcement actions appear to conflict with California law or the governing documents. This content is provided for general educational purposes and is not legal advice.