POLITICAL SIGNAGE

By Adrian J. Adams, Esq., Adams & Kessler LLP

Q. It says in our CC&Rs that no political signs are allowed. The association does not want political signs cluttering up the property. Is that allowable?

A. No, the restriction is unenforceable. Although associations can restrict the placement of signs in the common areas, they cannot prohibit political signs and posters on or in an owner's separate interest, provided the signs are not more than 9square feet in size. Civil Code '1353.6

Q. We have an owner who claims that his "free speech" rights allow him to do whatever he wants. He draped a large banner from his balcony supporting apolitical candidate. Can he do this?

A. No, he does not have unlimited rights. Although he has the right to display a sign in his own yard, window, door, balcony or wall, the association can prohibit signs that are painted on an architectural surface; or are made of flora, balloons, lights, roofing, siding, paving materials, or other similar building, landscaping or decorative components. Associations can also prohibit flags and banners that are more than 15 square feet in size. Civil Code '1353.6

Q.  Our rules require that "For Sale" and "For Rent" signs be removed 5days after the close of escrow or if the listing expires. Can we apply this rule to political signs?

A. Yes, associations may set reasonable time periods for the display of political signs. Many cities have regulations requiring the removal of signs between 5and 15 days after the election. Some also limit the posting of political signs 45 to 90days before an election. Associations may adopt similar restrictions in their rules and regulations.

Adrian J. Adams, Esq., is a Managing Partner of the law firm of Adams & Kessler LLP