A commercial sign is one that displays a message on behalf of a company
or individual for the intent of making a profit. It is economic in
nature and usually has the intent of convincing the audience to purchase
a specific product or service. Associations cannot prohibit
which implies they can prohibit commercial signs and flags from being posted (i) in the common areas and (ii) in separate interests. (Civ. Code §4710
. The First Amendment states that "Congress
shall make no law...." The Bill of Rights protects citizens from governmental
restrictions, not private ones. Thus
, businesses, common interest developments and owners of private property can restrict the activities of others in their employ or on their property--including the display of commercial signs.
Real Estate Signs
. Even though signs advertising property for sale or for lease constitute commercial speech, real estate signs
are allowed under the Davis-Stirling Act.
. Some CC&Rs are silent on signage issues while others are explicit. Boards should work with legal counsel to review the authorizing language in your CC&Rs and then draft appropriate restrictions on signage.
: Associations needing legal assistance can contact us
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