HOA is fining me $100/day for a political yard sign - do I have any rights here?

I put up a campaign sign in my front yard for a local ballot measure (Measure K in San Diego County). Standard size, maybe 18x24 inches, nothing crazy.

Two days later I get a violation notice from my HOA saying signs are prohibited per our CC&Rs and I'm being fined $100/day until I remove it. The fine is already at $500!

I thought we had free speech rights? The election is in 6 weeks and I want to keep my sign up until then. What are my options? Do I have to pay this fine?

What state are you in? This matters a lot. Many states have laws specifically protecting political signs that override HOA restrictions. I see you mentioned San Diego, so you're in California - good news for you!

Real estate attorney here. Since you're in California, you have strong statutory protections. California Civil Code Section 4710 specifically addresses this:

• HOAs cannot prohibit political signs on your separate interest (your lot/home)
• Signs must be noncommercial and relate to a candidate or ballot measure
• Maximum size restrictions apply: 9 square feet for single-family homes
• The HOA can set reasonable restrictions on the time, place, and manner, but cannot ban them outright
• Protected period: 90 days before the election through 15 days after

Your 18x24 inch sign is about 3 square feet, well under the limit. If the election is in 6 weeks, you're within the protected period.

Your HOA's blanket "no signs" policy is unenforceable as applied to your political sign. Those fines are likely not valid.

HOA board member from a different community here. PropertyRights_Atty is correct. Many HOAs have outdated CC&Rs that predate the political sign protection laws. Some boards don't even know these laws exist.

I'd recommend sending the HOA board a polite but firm letter citing California Civil Code Section 4710 and requesting immediate cessation of fines. CC the property management company if there is one.

If they don't back down, you can file a complaint with the California Department of Real Estate, though that's a slower process.

This is incredibly helpful! I had no idea California had specific protections for this.

One question: my sign isn't for a candidate, it's for a ballot measure (local infrastructure bond). Does that matter?

Also, the HOA president lives three doors down and I know he's opposed to this measure. Could this be targeted enforcement?

Ballot measures are explicitly covered by the statute. The exact language protects signs "related to an election or any other issue on the ballot."

As for targeted enforcement - that's an interesting angle. If the HOA president has a sign opposing the measure and wasn't fined, or if other political signs in the community haven't been targeted, you'd have evidence of selective enforcement. That could potentially strengthen any legal claim.

Do you know if anyone else in your HOA has political signs up?

We went through something similar in our HOA last year (also in California, Riverside County). Our board tried to fine several homeowners for political signs during the 2024 election.

One homeowner was an attorney who sent a very detailed letter to the board. Within a week, all fines were rescinded and the board issued a clarification that political signs were permitted within the statutory limits.

The key is making it clear you know the law. Most HOA boards back down when they realize they're legally exposed.

Adding to the discussion: A common misconception is that the First Amendment directly applies to HOAs. It generally doesn't - the First Amendment restricts government action, and HOAs are private entities.

HOWEVER, California's statutory protection (Civil Code 4710) essentially creates a statutory right that mimics First Amendment protection for political signs in HOAs. So while you can't claim "First Amendment violation," you have an equally strong statutory claim.

Also worth noting: California Civil Code Section 5975 allows homeowners to recover attorney's fees if they prevail in an action to enforce the Davis-Stirling Act (which includes the political sign protections). This gives you leverage - the HOA risks paying your legal fees if they lose.

UPDATE: I drove around the neighborhood today. Found 4 other political signs - 2 for candidates, 2 for ballot measures. None of them have reported receiving violation notices (I asked two of them).

Interestingly, all 4 of those signs are for candidates/positions that align with the HOA president's known political views. Mine is the only one on the "other side" of the ballot measure.

Drafting my letter now using the Civil Code 4710 citation. Should I mention the selective enforcement?

Yes, absolutely mention the selective enforcement. Document it with photos (with timestamps) of the other signs in the neighborhood.

Selective enforcement of HOA rules based on the content of political speech is particularly problematic. Even private entities can face legal consequences for viewpoint discrimination in some contexts.

In your letter, I'd include:

1. Citation to Civil Code 4710
2. Statement that your sign complies with all statutory requirements
3. Documentation of selective enforcement
4. Demand that all fines be rescinded
5. Mention of attorney fee provision under Civil Code 5975
6. Request for written response within 10 days

The selective enforcement angle is huge. HOAs have a duty to enforce rules uniformly. If they're only going after signs they politically disagree with, that's a serious problem for them.

Take photos of all the other signs with addresses visible (from public sidewalk/street). This is your evidence.

UPDATE: Sent my letter via certified mail on Oct 2. Got a call from the HOA management company yesterday.

They're rescinding ALL the fines and acknowledged that political signs are permitted under California law. The property manager actually apologized and said they're updating their violation notice templates to exclude political signs during election periods.

No mention of the selective enforcement issue, but I got what I wanted. Sign stays up, no fines owed!

Great outcome! This is why knowing your rights matters. Most HOAs back down immediately when confronted with actual legal citations.

Keep copies of everything in case they try this again in a future election cycle.

Great resolution! For California homeowners reading this in the future:

California Civil Code Section 4710 - Political Sign Rights:

• HOAs cannot prohibit political signs on your property
• Maximum size: 9 sq ft (single-family), 6 sq ft (condo units)
• Protected period: 90 days before election through 15 days after
• Covers candidates AND ballot measures
• HOA can regulate placement (e.g., not on common areas) but cannot ban

Similar laws exist in many other states including Arizona, Colorado, Florida, Texas, and others. Check your state's specific statutes.