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Can HOAs Take Away Free Speech? | Ep. 69
<span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start"></span><span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start"></span>
Do Homeowners Give Up Free Speech Rights in an HOA?
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?
Constitutional Rights vs. Private Governance
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.
What About the Law?
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.
Commercial vs. Non-Commercial Speech
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.
Inspirational Takeaway
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.
Final Thoughts
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.
Resources
Read Sarah’s article on Homeowners’ Speech
Watch related episodes:
https://www.actionlife.com/can-communication-kill-conflict-ep-66/
https://www.actionlife.com/do-homebuyers-see-hoas-as-a-strikeout-or-home-run-ep-56/
https://www.actionlife.com/how-hoas-can-prevent-homeowners-from-getting-financing/
https://www.actionlife.com/a-jerk-or-lawbreaker-ep-34/
Read Transcript
Sarah Paas (00:00)
You might not like the sign. You know, really, 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.
Matthew Holbrook (00:14)
Welcome to The Uncommon Area, where we’re dedicated to reimagining HOAs. We provide board members and managers with the resources to create uncommon communities where residents love their HOA and truly love where they live.
Welcome to The Uncommon Area. I am Matthew Holbrook, and I am joined in this episode by Sarah Paas of the Tinnelly Law Group. Sarah and I discuss the question:
Do homeowners give up any of their constitutional rights to free speech when they move into a homeowners association?
I think Sarah provides a lot of really helpful insight, so I hope you check out the rest of this episode.
Sarah, thank you so much for joining us. We’re going to be talking about one primary question that’ll take us a lot of directions, and I’ll just start off by asking it as provocatively as I can:
Do homeowners give up some of their constitutional rights to free speech when they buy a home in an HOA?
So maybe just starting with that question—how would you respond?
Sarah Paas (01:16)
That’s a great question, and I think it’s a source of confusion for a lot of residents that we encounter in the HOA world. A lot of people think, “Well, I have the right to freely speak under the Constitution.”
What people don’t realize is that the U.S. Constitution—and even state constitutions—only prohibit state actors (i.e., governments) from censoring speech. It doesn’t apply to HOAs, which are private actors. So technically, you do not have First Amendment rights in an HOA because it is private property.
However, many states—especially California—have created statutes that mirror constitutional protections to ensure HOAs don’t censor speech just because they don’t like the message.
Matthew Holbrook (02:20)
So a key principle is: while a homeowners association may function like a quasi-government, it’s still a private entity, and the laws apply more in a private than public context. Do I have that right?
Sarah Paas (02:45)
Yes, exactly. Even though HOAs function like mini-governments or cities, they are private entities.
Matthew Holbrook (02:59)
So within that, the association actually has some rights in how it governs speech on private property. Let’s get more specific—what does that mean in terms of signage or flags on a homeowner’s property? Can a homeowner post whatever political sign they want?
Sarah Paas (03:34)
Before we dive in, it’s important to distinguish between commercial and non-commercial signage.
Commercial speech (e.g., ads, selling or leasing a unit) has always had less protection under the law.
Non-commercial speech (e.g., political signs) enjoys more protections.
So, for non-commercial signs, like political signs during elections, California law does not allow an HOA to completely prohibit them. The law can limit the size and location, but not outright ban them.
Matthew Holbrook (04:42)
Okay, so commercial signage—could an association completely ban that?
Sarah Paas (04:49)
In California, an HOA can regulate commercial signs more strictly. They can limit the size, placement, and duration. But they cannot completely ban signs related to selling property because homeowners have a constitutional right to sell their property.
Matthew Holbrook (05:58)
That includes “For Sale” or “For Rent” signs?
Sarah Paas (06:00)
Yes. That’s considered an inalienable right. But signage promoting a business could be prohibited.
Matthew Holbrook (06:17)
What about security signs—like “This home is protected by XYZ Security”?
Sarah Paas (06:26)
That’s a gray area. It can be seen as a form of advertising, which may make it commercial in nature. Still, HOAs could apply reasonable time, place, and manner restrictions on these signs, like limiting the size or where they’re posted.
Matthew Holbrook (07:12)
So practically speaking, the HOA might allow them but regulate how and where they’re used.
Sarah Paas (08:10)
Exactly. Reasonable restrictions—like location and size—are likely to be upheld, but banning them outright would be harder to justify.
Matthew Holbrook (08:29)
That’s helpful. Now on to non-commercial signage—are political signs, religious signs, and other personal messages treated differently?
Sarah Paas (09:33)
Generally, they’re all treated the same under non-commercial speech protections.
There is a subset of California law that addresses religious symbols specifically, but most non-commercial signs are treated equally under the law. The key issue is content-neutral regulation—focusing on size and placement, not message.
Matthew Holbrook (10:27)
So content can’t be regulated, but size and placement can?
Sarah Paas (10:44)
Exactly. Focus on the time, place, and manner, not the content.
Matthew Holbrook (11:05)
What if a homeowner tears down a neighbor’s political sign and gets caught? Does the HOA need to get involved?
Sarah Paas (11:31)
The association should remind both parties that political signage is protected.
Tampering with or stealing signs may be a civil or criminal issue, better handled by local authorities. Ideally, the HOA should refer the parties to a neighbor-to-neighbor dispute resolution process and remain neutral.
Matthew Holbrook (12:54)
What if there’s no signage policy in the community? Does that mean anything goes?
Sarah Paas (13:09)
No. Even if the governing documents are outdated or silent, California’s Civil Code (2004 update) still applies. It gives examples of what’s protected. Still, it’s best practice for an HOA to adopt a policy to ensure uniform enforcement.
Matthew Holbrook (14:19)
What about flags—are they handled differently?
Sarah Paas (14:24)
Flags, banners, posters, and signs fall under the same rules—but with different size limits.
However, U.S. flags have special protections in California. Civil Code §4705 allows homeowners to display the U.S. flag regardless of size, whether on a post or in a window.
Matthew Holbrook (15:19)
Does that only apply to the red, white, and blue American flag? What about POW flags or “Don’t Tread on Me”?
Sarah Paas (15:52)
The statute applies only to the traditional U.S. flag. Other flags—even patriotic ones—are considered non-commercial speech and subject to regular sign restrictions.
Also, it only protects actual flags, not images or emblems.
Matthew Holbrook (16:39)
Can the association limit where or how the U.S. flag is displayed?
Sarah Paas (16:49)
Yes, they can limit the height and location of the flagpole using architectural guidelines, especially if noise is a concern.
Matthew Holbrook (17:21)
Can they completely ban non-U.S. flags?
Sarah Paas (17:43)
No. They can regulate size and placement, but not prohibit non-commercial flags outright.
Matthew Holbrook (18:02)
And if someone flies a commercial flag (e.g., advertising a business), that gets treated differently?
Sarah Paas (18:16)
Yes. That would fall under commercial signage, which can be more strictly limited.
Matthew Holbrook (18:28)
Can an association restrict signs or flags with profanity or offensive content?
Sarah Paas (18:41)
Yes, if the content threatens public safety or incites violence. But that’s a gray area. The law doesn’t define exactly what qualifies, so the board should consult with legal counsel.
Matthew Holbrook (19:28)
Is profanity alone enough?
Sarah Paas (19:39)
It depends on the specific language. If local city or county ordinances prohibit that language, the HOA has stronger grounds to require its removal.
Matthew Holbrook (20:17)
So referencing local ordinances can help the association’s case?
Sarah Paas (20:24)
Yes, absolutely.
Matthew Holbrook (20:31)
What about painting a message on a garage door or other architectural surface?
Sarah Paas (21:06)
California law is clear: non-commercial speech protections do not apply to painting on architectural surfaces. That falls under the HOA’s architectural guidelines, which can regulate design and aesthetics.
Matthew Holbrook (21:51)
Got it. Is there anything else we didn’t cover?
Sarah Paas (22:00)
I’d just emphasize that CC&Rs are often outdated. Even if they prohibit non-commercial signage, state law overrides them. It’s best for HOAs to adopt updated signage policies—your attorney can help draft one—so the association is proactive rather than reactive.
Matthew Holbrook (22:36)
Great. Thank you so much for being part of this episode. That was super helpful and I really appreciate your insights.
Sarah Paas (22:43)
Thanks so much for having me. I appreciate it.
Matthew Holbrook (22:45)
If you found this episode helpful, we encourage you to rate, review, and share it with a friend. That helps more people discover The Uncommon Area and benefit from our content.
The post Can HOAs Take Away Free Speech? | Ep. 69 appeared first on Action Property Management.
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Do Homeowners Give Up Free Speech Rights in an HOA?
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?
Constitutional Rights vs. Private Governance
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.
What About the Law?
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.
Commercial vs. Non-Commercial Speech
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.
Inspirational Takeaway
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.
Final Thoughts
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.
Resources
Read Sarah’s article on Homeowners’ Speech
Watch related episodes:
https://www.actionlife.com/can-communication-kill-conflict-ep-66/
https://www.actionlife.com/do-homebuyers-see-hoas-as-a-strikeout-or-home-run-ep-56/
https://www.actionlife.com/how-hoas-can-prevent-homeowners-from-getting-financing/
https://www.actionlife.com/a-jerk-or-lawbreaker-ep-34/
Read Transcript
Sarah Paas (00:00)
You might not like the sign. You know, really, 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.
Matthew Holbrook (00:14)
Welcome to The Uncommon Area, where we’re dedicated to reimagining HOAs. We provide board members and managers with the resources to create uncommon communities where residents love their HOA and truly love where they live.
Welcome to The Uncommon Area. I am Matthew Holbrook, and I am joined in this episode by Sarah Paas of the Tinnelly Law Group. Sarah and I discuss the question:
Do homeowners give up any of their constitutional rights to free speech when they move into a homeowners association?
I think Sarah provides a lot of really helpful insight, so I hope you check out the rest of this episode.
Sarah, thank you so much for joining us. We’re going to be talking about one primary question that’ll take us a lot of directions, and I’ll just start off by asking it as provocatively as I can:
Do homeowners give up some of their constitutional rights to free speech when they buy a home in an HOA?
So maybe just starting with that question—how would you respond?
Sarah Paas (01:16)
That’s a great question, and I think it’s a source of confusion for a lot of residents that we encounter in the HOA world. A lot of people think, “Well, I have the right to freely speak under the Constitution.”
What people don’t realize is that the U.S. Constitution—and even state constitutions—only prohibit state actors (i.e., governments) from censoring speech. It doesn’t apply to HOAs, which are private actors. So technically, you do not have First Amendment rights in an HOA because it is private property.
However, many states—especially California—have created statutes that mirror constitutional protections to ensure HOAs don’t censor speech just because they don’t like the message.
Matthew Holbrook (02:20)
So a key principle is: while a homeowners association may function like a quasi-government, it’s still a private entity, and the laws apply more in a private than public context. Do I have that right?
Sarah Paas (02:45)
Yes, exactly. Even though HOAs function like mini-governments or cities, they are private entities.
Matthew Holbrook (02:59)
So within that, the association actually has some rights in how it governs speech on private property. Let’s get more specific—what does that mean in terms of signage or flags on a homeowner’s property? Can a homeowner post whatever political sign they want?
Sarah Paas (03:34)
Before we dive in, it’s important to distinguish between commercial and non-commercial signage.
Commercial speech (e.g., ads, selling or leasing a unit) has always had less protection under the law.
Non-commercial speech (e.g., political signs) enjoys more protections.
So, for non-commercial signs, like political signs during elections, California law does not allow an HOA to completely prohibit them. The law can limit the size and location, but not outright ban them.
Matthew Holbrook (04:42)
Okay, so commercial signage—could an association completely ban that?
Sarah Paas (04:49)
In California, an HOA can regulate commercial signs more strictly. They can limit the size, placement, and duration. But they cannot completely ban signs related to selling property because homeowners have a constitutional right to sell their property.
Matthew Holbrook (05:58)
That includes “For Sale” or “For Rent” signs?
Sarah Paas (06:00)
Yes. That’s considered an inalienable right. But signage promoting a business could be prohibited.
Matthew Holbrook (06:17)
What about security signs—like “This home is protected by XYZ Security”?
Sarah Paas (06:26)
That’s a gray area. It can be seen as a form of advertising, which may make it commercial in nature. Still, HOAs could apply reasonable time, place, and manner restrictions on these signs, like limiting the size or where they’re posted.
Matthew Holbrook (07:12)
So practically speaking, the HOA might allow them but regulate how and where they’re used.
Sarah Paas (08:10)
Exactly. Reasonable restrictions—like location and size—are likely to be upheld, but banning them outright would be harder to justify.
Matthew Holbrook (08:29)
That’s helpful. Now on to non-commercial signage—are political signs, religious signs, and other personal messages treated differently?
Sarah Paas (09:33)
Generally, they’re all treated the same under non-commercial speech protections.
There is a subset of California law that addresses religious symbols specifically, but most non-commercial signs are treated equally under the law. The key issue is content-neutral regulation—focusing on size and placement, not message.
Matthew Holbrook (10:27)
So content can’t be regulated, but size and placement can?
Sarah Paas (10:44)
Exactly. Focus on the time, place, and manner, not the content.
Matthew Holbrook (11:05)
What if a homeowner tears down a neighbor’s political sign and gets caught? Does the HOA need to get involved?
Sarah Paas (11:31)
The association should remind both parties that political signage is protected.
Tampering with or stealing signs may be a civil or criminal issue, better handled by local authorities. Ideally, the HOA should refer the parties to a neighbor-to-neighbor dispute resolution process and remain neutral.
Matthew Holbrook (12:54)
What if there’s no signage policy in the community? Does that mean anything goes?
Sarah Paas (13:09)
No. Even if the governing documents are outdated or silent, California’s Civil Code (2004 update) still applies. It gives examples of what’s protected. Still, it’s best practice for an HOA to adopt a policy to ensure uniform enforcement.
Matthew Holbrook (14:19)
What about flags—are they handled differently?
Sarah Paas (14:24)
Flags, banners, posters, and signs fall under the same rules—but with different size limits.
However, U.S. flags have special protections in California. Civil Code §4705 allows homeowners to display the U.S. flag regardless of size, whether on a post or in a window.
Matthew Holbrook (15:19)
Does that only apply to the red, white, and blue American flag? What about POW flags or “Don’t Tread on Me”?
Sarah Paas (15:52)
The statute applies only to the traditional U.S. flag. Other flags—even patriotic ones—are considered non-commercial speech and subject to regular sign restrictions.
Also, it only protects actual flags, not images or emblems.
Matthew Holbrook (16:39)
Can the association limit where or how the U.S. flag is displayed?
Sarah Paas (16:49)
Yes, they can limit the height and location of the flagpole using architectural guidelines, especially if noise is a concern.
Matthew Holbrook (17:21)
Can they completely ban non-U.S. flags?
Sarah Paas (17:43)
No. They can regulate size and placement, but not prohibit non-commercial flags outright.
Matthew Holbrook (18:02)
And if someone flies a commercial flag (e.g., advertising a business), that gets treated differently?
Sarah Paas (18:16)
Yes. That would fall under commercial signage, which can be more strictly limited.
Matthew Holbrook (18:28)
Can an association restrict signs or flags with profanity or offensive content?
Sarah Paas (18:41)
Yes, if the content threatens public safety or incites violence. But that’s a gray area. The law doesn’t define exactly what qualifies, so the board should consult with legal counsel.
Matthew Holbrook (19:28)
Is profanity alone enough?
Sarah Paas (19:39)
It depends on the specific language. If local city or county ordinances prohibit that language, the HOA has stronger grounds to require its removal.
Matthew Holbrook (20:17)
So referencing local ordinances can help the association’s case?
Sarah Paas (20:24)
Yes, absolutely.
Matthew Holbrook (20:31)
What about painting a message on a garage door or other architectural surface?
Sarah Paas (21:06)
California law is clear: non-commercial speech protections do not apply to painting on architectural surfaces. That falls under the HOA’s architectural guidelines, which can regulate design and aesthetics.
Matthew Holbrook (21:51)
Got it. Is there anything else we didn’t cover?
Sarah Paas (22:00)
I’d just emphasize that CC&Rs are often outdated. Even if they prohibit non-commercial signage, state law overrides them. It’s best for HOAs to adopt updated signage policies—your attorney can help draft one—so the association is proactive rather than reactive.
Matthew Holbrook (22:36)
Great. Thank you so much for being part of this episode. That was super helpful and I really appreciate your insights.
Sarah Paas (22:43)
Thanks so much for having me. I appreciate it.
Matthew Holbrook (22:45)
If you found this episode helpful, we encourage you to rate, review, and share it with a friend. That helps more people discover The Uncommon Area and benefit from our content.
The post Can HOAs Take Away Free Speech? | Ep. 69 appeared first on Action Property Management.