Homeowning May Not Mean Signposting

Question

Does a homeowners' association have the right to restrict political signs, such as Bush for President? Doesn't restricting this violate my First Amendment rights?

Answer 1

The answer to your question is that there is no definitive answer to it just yet. The political sign question is up in the air and in the courts. So far, there have been some court decisions allowing those in hub of homeowners' associations to distribute literature that would seem to set some direction for the political sign question you raise.

So far, disputes that have been resolved informally have been split right down the middle. Half have been resolved in favor of complying with homeowners' associations rules and remaining signless -- this, on the reasoning that you agreed to give up rights when you purchased as you did. But other tiffs have gone the way you infer; the rules have been trumped by homeowners' First Amendment rights to express whatever they darn well please.

Given the current climate and the number of these disputes gasping to be aired, it is likely that this issue will end up in the U.S. Supreme Court. If I were the soothsaying sort, I would predict that a compromise will be reached; signs might be allowed, but will have to comply with size and location restrictions.