Quote:
Originally Posted by meridian5850
A yard sign for a candidate is protected political speech under the first amendment to the constitution, this nation's guiding document.
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Obviously not in a deed restricted community but you can fight it in the courts:
Freedom in Associations: Exercising Free-Speech Rights in an HOA — Homeowners Protection Bureau, LLC
Enforceability of HOA Restrictions on Free Expression.
Covenants set forth in a declaration are presumed to be valid and enforceable, like any other contract, as long as the covenant in question is not arbitrary, serves a legitimate purpose of the community, and does not violate public policy.
Nahrstedt v. Lakeside Village Condominium Association, Inc., 8 Cal. 4th 361 (Cal., 1994).
Thus, in general, HOA covenants restricting members’ rights of expression are enforceable unless the member can demonstrate some reason why the covenant should not be enforced – such as the public policy of the relevant state, as delineated by its legislature and courts.
HOA’s can get away with restricting speech that the government would be prevented from suppressing because an HOA is not a “state actor,” and enforcement of HOA covenants does not involve action by the state. See e.g.,
Golden Gateway Center v. Golden Gateway Tenants Assoc., 111 Cal.Rptr.2d 336 (Cal. 2001). Consequently, the free-speech protections provided by the First Amendment and state constitutions generally do not affect homeowners associations.
What is a deed restricted community? [Benefits & Risks]
Deed Restrictions Can Limit What You Do With Your Home | realtor.com(R)
From the linked article:
Take for an example a woman out of Tampa, Florida who wanted to show support for her deployed husband by placing a “Support Our Troops” sign in her front yard. She had believed this was her First Amendment right, but her HOA argued that the sign violated its bylaws. In this case, the HOA had a right to fine her until the sign was removed.
Conclusion Purchasing a home in a deed restricted community may or may not be the best decision for you. If you’re someone whose absolute liberty is extremely important, certain rules and regulations may prove to be too cumbersome. Others don’t mind abiding by reasonable rules if it could help them when they’re selling their home down the road. Ultimately, it’s prudent to find out what the specific deed restrictions exist prior to purchasing a home and ensure that you can abide by them.