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

Started by katelyn.b_13 · Jul 27, 2025 · 7 replies
For informational purposes only. HOA law varies significantly by state. California has specific protections for political signs that may not exist elsewhere.
KB
katelyn.b_13 OP

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?

AI
adulting_is_hard_11 Attorney

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?

SA
somebody_answer_me_15

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 Within a week, all fines were rescinded and the board issued a clarification that political signs were permitted within the statutory limits.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.

KB
katelyn.b_13 OP

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?

YH
your_honor_please_6

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.

HP
help_pls_urgent_9

this thread is a goldmine. just dealt with the exact same thing in our HOA here in Texas. my neighbor had a sign for a state rep candidate and the board sent her a violation notice. I forwarded her this thread and she cited the Texas Property Code section 202.009 in her response

HOA dropped it within 48 hours lol. seriously, knowing the law is like 90% of winning these fights

ST
seriously_though_6

My HOA fined me $150 for displaying a political sign in my front yard during the 2026 primary season. They cite a 'no signs' policy in the CC&Rs. But Texas law (Property Code ยง 202.009) specifically protects political signs. Can they override state law with CC&Rs?

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NO
NotaryJane_2 Attorney

Constitutional law professor here. I want to clarify a common misconception in this thread: the First Amendment does NOT apply to HOA restrictions on political signs. The First Amendment only restricts government action, not private entities like HOAs. This is a fundamental distinction that many homeowners misunderstand.

However, many states have enacted specific statutes that protect homeowners right to display political signs even in HOA communities. These statutes effectively extend free speech protections into the private HOA context through legislation rather than constitutional law. For example, California Civil Code Section 4710 allows homeowners to display political signs of reasonable size during election season. Arizona, Colorado, Florida, Maryland, and several other states have similar protections.

The key variables to check in your state statute include: What constitutes a political sign (candidate signs only, or also issue-based signs)? Is there a size limitation? Is the protection limited to a specific time window before an election? Can the HOA impose reasonable restrictions on placement (front yard only, no common areas)?

If your state does not have a specific statute protecting political signs, then your HOA CC&Rs and rules govern. If the CC&Rs restrict signage and were in place when you purchased, they are almost certainly enforceable. If the restriction was added by board resolution after your purchase, check whether your state requires a full owner vote for rule changes that affect use rights. That procedural angle has been successful in several recent cases I have followed.