Political Signs, Banners, Posters & Flags
Associations cannot prohibit political signs, posters, flags, or banners on or in an owner's separate interest. (Civ. Code § 4710)
Type of Materials. Noncommercial signs may be posters, flags, or banners made of paper, cardboard, cloth, plastic, or fabric. Associations can prohibit signs made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces. (Civ. Code § 4710(b))
Size of Signs. An association may prohibit noncommercial signs and posters that exceed 9 square feet in size, and noncommercial flags or banners that exceed 15 square feet in size. (Civ. Code § 4710(c))
Content. Signs, posters, and flags displaying obscenity or fighting words can be restricted.
Planned Developments. In planned developments, residents can display signs in their yards, in windows, on doors, and on the sides of their houses. Although Civil Code § 4710 does not address an association’s ability to limit the number of signs, this idea is implicit in the statute. The Legislature empowered associations to limit the size of signs/posters to nine square feet and flags/banners to 15 square feet. If owners are free to install limitless signs and flags, they effectively render the size limitations meaningless; for example, five signs of nine square feet means the owner is using 45 square feet of signage. If the Legislature intended for this to be available to owners, it would not have included the size limits. Also, when the legislature wishes to allow more than one item, it expressly states so. For example, for the display of religious items, the relevant statute states, “ no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the member’s separate interest.” (Civil Code § 4706(a))
Condominiums. In condominium projects, residents can display signs, posters, flags, and banners on the inside of their windows and on their balconies. They cannot put them on exterior windows, doors, or walls since those are common areas. Nor can they mount them on balcony railings or hang them over the side of balconies. An owner's separate interest is defined as the airspace bounded by the unfinished interior surfaces of the unit's perimeter walls, floors, ceilings, windows, and doors surrounding that airspace. The unfinished interior surfaces are not part of the unit. The physical structure surrounding the unit is common area, including the balcony and the balcony railing. Residents can display signs, flags, and banners on their balconies, but they cannot attach them to the railings or hang them over the sides of their balconies.
Time Limits (Mobilehome Parks)
In mobilehome parks, a political sign "may not be displayed in excess of a period of time from 90 days before an election to 15 days following the election, unless a local ordinance... imposes a more restrictive period of time for the display of such a sign." (Civ. Code § 799.10) Although mobilehome parks and apartment complexes (Civ. Code § 1940.4(d)) can establish reasonable time limits for the display of political signs, there is currently nothing in the law addressing this issue for homeowner associations that are not mobilehome parks.
No Signs, Flags, or Banners in the Common Areas
Associations can prohibit all signage in the common areas, including political signs, flags, and banners.
Commercial Signage
See "Regulating Commercial Signs, Posters, and Banners."
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