Wednesday, March 30, 2011

HOA Restrictions on Signs

I was recently at a Community Association Institute seminar for California, when the subject of resident rights to post signs, flags and banners was discussed. Surprisingly, most of the managers in the room were unaware of the resident rights to display an array of signs and posters from their windows. Many managers assumed that because the signs / posters / banners were visible from the common areas, that the Associations had the authority to restrict signage. Civil Code 1353.6 - Displaying of Noncommercial Signs or Flags, is the section that pertains to the resident's right to display the signs, flags and banners. The Civil Code is actually very broad in that it permits just about any type of sign, and the size limits are pretty liberal as well. The Civil Code does permit Associations from prohibiting any penetration in to common surfaces in order to install a flag holder. Before Associations attempt to require the removal of a sign, flag or banner from a residence, I suggest that Associations review this Civil Code. If this section is still unclear, Associations may want to consult with legal counsel to determine the Association's authority. If you have any questions regarding this subject, please feel free to email me at Nedafirouz@gmail.com.

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