Civil Code Sections 1940.45 and 4706 restrict the ability for HOA governing documents to prohibit individuals within the association from displaying “religious items” on the entry doors and entry door frames of their respective dwellings. “Religious Item” Defined A “religious item” is defined as “an item displayed because of sincerely held religious beliefs.” (Civ. Code […]| FindHOALaw
Commercial in Nature Civil Code Section 4710 provides homeowners with rights to display and post noncommercial signs in or upon their separate interests, subject to certain limitations. (See “Flags, Banners & Signs.”) However, Section 4710 does not apply to the display and posting of real estate signs (i.e., “For Sale” or “For Rent” signs) because […]| FindHOALaw
An association has the general authority to restrict or prohibit the operation of commercial and business activities inside its members’ separate interests (in or upon their respective units or lots). Such restrictions and prohibitions are almost always contained in an association’s governing documents (i.e., in its CC&Rs) from the time the association was originally developed. Those […]| FindHOALaw
(a) Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner’s real property, and on real property owned by others with their consent, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and […]| FindHOALaw
(a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state heretofore or hereafter made, which purports to prohibit or restrict the right of the property owner or his or her agent to display or have displayed on the real […]| FindHOALaw
Davis-Stirling Act | Civ. Code § 4710 - Homeowners associations (HOAs) may not flatly prohibit the display of noncommercial signs, flags and banners.| FindHOALaw
Davis-Stirling Act | Civ. Code § 4705 - Homeowners associations (HOAs) may not prohibit the display or posting of the United States (US) Flag.| FindHOALaw
(a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling. (b) To the extent permitted by Article 1, Section […]| FindHOALaw
(a) Except as provided in subdivision (c), a landlord shall not prohibit a tenant from posting or displaying political signs relating to any of the following: (1) An election or legislative vote, including an election of a candidate to public office. (2) The initiative, referendum, or recall process. (3) Issues that are before a public commission, public board, […]| FindHOALaw
Court upheld lender consent requirement for CC&R amendment, rather than lender vote; Real estate signs may be regulated by HOA for aesthetic purposes.| FindHOALaw
[Board of Directors; Fiduciary Duties] Directors may be required to exercise reasonable care in protecting persons from criminal activity.| FindHOALaw
Part I: Can HOAs restrict homeowners’ speech? For individuals residing in common interest developments, the constitutional right to free speech is not applicable. While many believe that they ...| HOA Lawyer Blog
