Free Speech in an HOA

We received an email today asking questions about the legality of HOA by-laws that prohibit the posting of signs in windows.

I bought a condo in January and from the outset I knew that one of the provisions in my HOA regulations had to go. It’s one that is present in a lot of HOA by-laws that prohibits the posting of signs in windows.

Homeowners that have a single family house on a lot have the ability to post signs of any nature on their lot – it’s their property, and they are guaranteed their First Amendment rights on their own property. For sale or for rent signs are pretty common, but the kind of sign that I’m concerned about is a political sign. And for the most part, political speech is given a great deal of judicial protection in this country.