‘TIS THE SEASON FOR POLITICAL EXPRESSION within HOA Communities

‘TIS THE SEASON FOR POLITICAL EXPRESSION within HOA Communities

Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding political expression within the HOA . . .

QUESTION: One of our owners is displaying four (4) upside flags in front on her unit. All owners view the flags. This came about the day after Trump’s conviction, so it is politically motivated. Your advice please!! –Josn H.

ANSWER: Locusts swarm every 7 years and devour everything in sight. Politicians do it every 4 years.

Owners are allowed to display upside flags as a form of political expression. You can expect to see signs, flags, and posters sprouting up like weeds as the country heads into a hotly contested presidential election.

In condominiums, they can display signs on the inside of their windows and on their balconies. They cannot put them on exterior walls since those are common areas.

Regulating Signs. Even though associations cannot prohibit political signs, they can regulate them. Signs can be made of paper, cardboard, cloth, plastic, or fabric, but not lights, roofing, siding, paving materials, flora, balloons, building, landscaping, or decorative components, or the painting of architectural surfaces. (Civ. Code § 4710(b).) Signs cannot exceed nine (9) square feet in size. (Civ. Code § 4710(c).)

Fighting Words. Associations can restrict signs, posters and flags that display obscenity or fighting words. I have no doubt that signs with “Vote for Trump” or “Vote for Harris” will be deemed both obscene and fighting words by rival groups. They are not. Residents are allowed to display them.

RECOMMENDATION: Everyone should stay calm and hold their noses until the election plays itself out. For more information, see “Political Activities, Signs, Posters & Flyers.”


DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel.  You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.