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You might not like your neighbor’s sign—but in a free society, people have the right to speak their minds. So, what happens when that society exists inside the walls of a homeowners association (HOA)? Can an HOA prohibit someone from expressing their opinion on a sign, a flag, or even a social media post?

Welcome to The Uncommon Area, where we’re reimagining HOA leadership and empowering board members and managers with the tools to create communities where people truly love where they live.

In a recent episode, host Matthew Holbrook sat down with attorney Sarah Paas of the Tinley Law Group to tackle a fundamental and sometimes controversial question:

Do homeowners give up any of their constitutional rights to free speech when they move into an HOA?

As Sarah explains, “What people don’t realize is that the U.S. Constitution and even state constitutions—that only prohibits state actors, so governments, from censoring speech. It doesn’t do anything in respect or in regard to the homeowners association because the HOA is actually a private actor.”

In simpler terms: the First Amendment protects citizens from government censorship, not from restrictions imposed by private entities like HOAs. But that doesn’t mean residents are entirely without protections.

California, for example, has gone further than many other states to protect non-commercial speech within HOA communities. “A homeowners association… cannot just outright blanket prohibit all non-commercial signs, especially political signs during the time of elections,” Sarah says.

The law allows HOAs to establish reasonable rules about where signs can be placed, how big they can be, and how long they can stay up. But they can’t say “no signs allowed, period”—especially when it comes to political or other non-commercial expressions.

It’s also important to understand the distinction between commercial and non-commercial speech. As Sarah clarifies: “Commercial speech is any type of speech that is designed with the intent to profit… and it is often less protected under the law.”

That means advertising your business, renting your unit, or putting up a “for sale” sign may be subject to tighter restrictions than expressing support for a political candidate or social cause.

Perhaps the most inspiring takeaway from this episode is the reminder that even in the governed space of an HOA, core democratic values still have a place.

Sarah sums it up well:

“We live in a free society where people have the right to freely speak their minds, and the association cannot do anything to prohibit the expression of free speech.”

It’s a balancing act: HOAs exist to protect property values and maintain community standards, but they also need to respect residents’ rights—especially when it comes to expressing personal beliefs and opinions.

If you’re a board member, manager, or resident navigating this terrain, it’s crucial to understand where the law draws the line—and how your community can uphold it in a fair, respectful way. Protecting free speech doesn’t mean allowing chaos; it means creating guidelines that make room for expression while preserving harmony.

Read Sarah’s article on Homeowners’ Speech

The post Can HOAs Take Away Free Speech? | Ep. 69 appeared first on Action Property Management.