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

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
For informational purposes only. HOA law varies significantly by state. California has specific protections for political signs that may not exist elsewhere.
Hypothetical question

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?

Illustrative response

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?

Illustrative response

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 Within a week, all fines were rescinded and the board issued a clarification that political signs were permitted within the statutory limits.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

Illustrative response

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?

Illustrative response

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.

Illustrative response

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

Illustrative response

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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