Ask the Attorney By Nigel Mendez, Esq., Carlson & Associates, Ltd.
This column is comprised of questions that have been posed to me by homeowners, property managers and related professionals regarding legal issues that they have encountered with respect to their associations.
Q:
Can My Association Ban Political Signs and Holiday Decorations?
A:
I am frequently asked questions regarding whether something can be banned in an association. The questions usually come from boards that want to stop a practice they see getting out of hand, or from homeowners who have received a letter from their association reminding them that a certain activity is prohibited. The short answer to these questions is almost always: “Yes, the association can prohibit that action.” And the reasoning is often the same — the homeowner either agreed to that prohibition when
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Minnesota Communit y Living
they purchased the unit, or agreed to allow the association to enact rules that prohibit such activity in the future. Restrictions on the use of a property are most commonly found in the Declaration or Rules and Regulations. Both of these documents can be amended to either add or remove restrictions. Every election year, I am often asked “can my association ban political signs?” Again, the simple answer is “Yes, they can ban any sign.” Homeowners will argue that “free speech” overrules any association rule. They will also point to various local, state or federal laws that specifically allow posting of political signs at various times of the year. What these homeowners misunderstand is that the First Amendment simply states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The First Amendment restricts the government from impeding on one’s ability to freely express themselves. It does not apply to an association that you chose to join. Likewise, not every state law or local ordinance that provides for the ability to post a sign applies to (continued on page 34)