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Can associations restrict the free speech of owners in their own front yards?

By Sarah A. Kyriakedes, Esq. 

This article first appeared in the Fall 2021 Issue of The Communicator here.

For individuals residing in common interest developments, the constitutional right to free speech is not applicable. While many believe that they have a right to freely express themselves by posting signs, banners, flags, and religious symbols on their own properties, they may be surprised to learn that their homeowners and condominium associations are not bound by the free speech clauses contained within the federal and state constitutions. Though, in California, this does not mean that residents automatically lose their free speech rights when they move into their associations, because the Davis-Stirling Act safeguards many of the same rights that are enjoyed by citizens residing outside of common interest developments.

CONSTITUTIONAL RIGHTS TO FREE SPEECH

Both the state and...