HOA authority limits

Our HOA has disallowed the flying of all political flags, although political signs (with count and size limits) are permitted. The issue is that a resident has hung a political flag/banner within the confines of their screen enclosure that is visible to passer's-by. The HOA President has previously stated in response to a resident's complaint about the unkempt condition of a property's enclosure space that is very visible to passer's-by that the HOA has no authority within a property's enclosure. The C&Rs are silent as to the extent of HOA authority. Is there any case law or precedent on this issue?

Can the HOA ban such signs, LarryF? It depends. Check with your state or municipality.

In CA, the HOA cannot ban non commercial signs, banners, flags inside homes, e.g., in windows. BUT an HOA can have rules limiting the size of non-commercial signs to 4" X 4" and banners & flags to 15 sf. We cannot ban realtor signs.

Good question, JohnC. Our balconies are exclusive ("limited") use common area. So the HOA has authority over them. We don't permit any signs, banners, etc. on them and nothing may be attached to any balcony feature that would involve penetration into such feature. This is to avoid water intrusion.

We must allow US flags & the residents who fly them sort of lash them to their balcony rails.

Thanks. I expected such. Different than the OP's question but I was curious.

Larry,

The only way be certain is to cite the owners, fine if allowed, then sue and see what happens.

Here's a long article on it, citing legal cases. https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-speech-2/personal-public-expression-overview/political-yard-signs/