Q: I am currently disagreeing with my HOA regarding political signs.
I still have a small sign in my front yard. The HOA board inserted a new rule section referencing Civil Code 4710, and it states political signs cannot be placed more than 60 days before the election and must be removed 15 days after the election. Can the board bypass the Davis-Stirling Act with this new rule?Q: About a month ago political signs for in the upcoming election started appearing in front yards. In the past the HOA required the resident to remove the sign.
Q: I have been doing battle with the HOA about a resident displaying a “Black Lives Matter” sign in what is considered to be part of the “common area.” I petitioned the board many times to act on this, but they have shown no progress. Where do you think I stand?A: The Civil Code Section 4710, protecting noncommercial signs, limits its protection to signs placed with a member’s “separate interest.
However, is the sign truly in common area? The demarcation of common area as opposed to separate interest comes from the condominium plan in a condominium project and a subdivision map in most planned developments.
Readers: Wouldn’t it be amazing if we were all more tolerant of political campaigns and views other than our own, celebrating instead of spurning diversity in our neighborhoods? What if we all also would temper our desire for political expression by also considering whether our own displays of opinion might not enhance the architecture and landscaping of our community? Just another perspective to consider.
Kelly G. Richardson CCAL is a Fellow of the College of Community Association Lawyers and Senior Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit column questions to [email protected]. Past columns at www.HOAHomefront.com.
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