Posts made in November 2020

Black Lives Matter

HOA Regulations and Black Lives Matter Signs in Virginia

Political lawn signs are always a hot topic for people who live in HOA communities, especially around election time when political signs start popping up in many yards and windows. If you own a home in an HOA community, its smart to find out if HOA political signs are okay there. Otherwise, this could be a source of friction between you and your association, causing the need for you to retain an HOA attorney in Ashburn, VA.

Many homeowners and condo associations place restrictions on the placement of signs on private property, including political signs. Is an HOA restricting your First Amendment rights when they prevent you from displaying Black Lives Matter signs? The answer is no.

To put explain briefly, the First Amendment limits federal, state, and local governments from doing things that restrict people’s freedom of speech. However, your HOA is not a part of the government. Its a private entity, albeit a non-profit one in most cases. An HOA attorney would explain that your HOA is subject to the governing rules enacted by government entities, but the First Amendment, by itself, does not stop your HOA from restricting HOA political signs. As a homeowner and a party to a binding agreement with your HOA, you agree to adhere to the association’s regulations.

If your association sets sign restrictions or attempts to levy fines against a homeowner for placing a sign, it would be smart to consult with your HOA attorney. There are some conflicting sources out there, and it’s best to stick to legal advice from someone knowledgeable in this area.