Court Says Association Cannot Limit the Time an Owner Could Display a Political Sign Before an Election

This case involved a dispute between the owners of a home located in a common interest development (“Owners”) and their homeowners association (“Association”) over Owners’ right to display a political sign on their property more than 60 days before an upcoming primary election.

Association’s Rules & Regulations contained a provision stating, in part, that “Political signs are not to be displayed more than 60 days prior to an election and must be removed within three days of the election.” In disregard of the rule, Owners placed a political sign in their front yard more than 60 days prior to an upcoming primary election. Association notified Owners of the violation and requested that they remove the sign until a specified date that was 60 days before the election. Owners complied with Association’s demand and removed the sign, but then filed suit against Association for impermissibly prohibiting their display of a political sign before an election in violation of Association’s Declaration, which permitted the display of any political sign that was protected by law.

Owners contended that under an applicable state statute, Association’s governing documents could not prohibit: