DavidM26 (California)
Posts: 2
Posts: 2
Posted:
We have a very small HOA (eight townhomes on a corner lot in the L.A. area). At our board meeting the other night one of the owners asked if he could put up a campaign sign. This has been an issue in the past, but was never seriously addressed, so I agreed to do some research. Our CC&R has the typical verbiage disallowing all signs except For Sale or Rent, but I also read about 1st Amendment issues overriding CC&Rs, and states passing laws expressly exempting political signs from these rules. (I couldn't find a specific law for California, so if someone knows of one and can point me to it, I would appreciate it.) But here is the problem I am having. Most of what I have read seems to refer to signs on private property (i.e. lawns in HOA controlled communities). Although four of our units face the street, and have a narrow strip of lawn between the unit and sidewalk, everything not specifically in an individual unit is considered the common area. So even though the person would be putting the sign on what looks like "their" front lawn, it is really common ground. Does this carry any weight in terms of 1st Amendment rights (or lack thereof)? We have already agreed they are free to put any signs they like in their window, and it's not like anyone is ready to go to war over the issue, but I am curious if the fact it is considered common area makes a difference, one way or the other.