By David Swedelson, Esq. Senior Partner, SwedelsonGottlieb, Community Association Attorneys
Considering how contentious the campaigns for president have been for the election of our next president, it is amazing that we have not received more requests from our California community association/HOA clients for advice on how to deal with political signs. The fact is that we have generally seen less political signs posted on properties then I remember in past elections. With respect to the presidential election, that may have something to do with people not really wanting to out themselves as a supporter of one candidate versus another.
Don’t get me wrong as we have received a few requests for advice from some of our association clients, just not as many as I remember from past presidential elections. In all but one of the matters that we have been requested to consult on did we find that the homeowner did not have the right to post their sign. At one association, the board did not want the owner to have their sign posted prominently in the front window of the owner’s condominium. One of the board members forwarded to me the attached article that appeared in the New York Times indicating that in New York, homeowners do not have the right to place political signs in their windows or on their property unless permitted by their association. The article (follow this link) questioned whether a resident at a community association in New York has a constitutional right to post a political sign on their property. Apparently in New York, a community association can have rules prohibiting political signs or other types of signs placed in the windows or elsewhere, depending on the associations rules.