POLITICAL SIGNS
National, State, Local and
Association Elections

QUESTION: It says in our CC&Rs that no political signs are allowed. The association does not want political signs cluttering up the property. Is that allowable?

ANSWER: No, the restriction is unenforceable. Although associations can prohibit signs in the common areas, they cannot prohibit signs and posters on or in an owner's separate interest. Associations can, however, prohibit signs that are more than 9 square feet in size. Civil Code §1353.6 

FOR SALE SIGNS

QUESTION: Our rules require that "For Sale" and "For Rent" signs be removed 5 days after the close of escrow or if the listing expires. Can we apply this rule to political signs?

ANSWER: Yes, associations may set reasonable time periods for the display of political signs. Many cities have regulations requiring the removal of signs between 5 and 15 days after the election. Some also limit the posting of political signs 45 to 90 days before an election. Associations may adopt similar restrictions in their rules and regulations.

NUMBER OF SIGNS

QUESTION: Our CC&Rs limit signage (political or otherwise) in our windows to "one per unit." Is that enforceable or are we legally allowed to display more than one sign at a time?

ANSWER: You cannot limit the number of signs--only their size, composition, and location. In addition, signs displaying obscenity or fighting words may be restricted.

FREE SPEECH

QUESTION: We have an owner who claims that his "free speech" rights allow him to do whatever he wants. He draped a large banner from his balcony supporting a candidate for president. Can he do this?

ANSWER: No, he does not have unlimited rights. Although he has the right to display a sign in his own yard, window, door, balcony or wall, the association can prohibit signs that are painted on an architectural surface; or are made of flora, balloons, lights, roofing, siding, paving materials, or other similar building, landscaping or decorative components. Associations can also prohibit flags and banners that are more than 15 square feet in size. Civil Code §1353.6

The banner below was hung over a condominium balcony during the 2004 Presidential election. The banner clearly violates size restrictions. Owners can be fined for violations, provided the association's rules restrict the size of flags, banners and signs.

Updated 8/19/2008