Q: Our homeowner's association has a rule prohibiting soliciting. When candidates tried to campaign in our community for the recent elections, they were told they were not allowed to do so. Doesn't free speech trump (pardon the pun) this HOA rule, or is it also considered soliciting? On the same subject, can our association ban me from placing a sign for my candidate on my lawn?
_Ann
A: This question is more complicated than it appears. Freedom of political speech is an important right, but community associations are nongovernmental and, as such, they have more say in these matters under certain circumstances.
Political campaigning is not the same thing as commercial solicitation. If your community is not gated, it should place no restrictions on door-to-door campaigning that is otherwise considered legal in your area. If the community is gated, the visitors should ask for permission to enter the community. In my opinion, denying this permission opens the community to an expensive lawsuit. It's just not worth the risk.
Communities have a little more leeway regarding political signs and can limit or even ban all signs if the community's documents clearly allow for it. However, if your association's rules allow for signs to be posted, then all types of signs, both political and not, should be allowed.
The most important thing for associations to keep in mind is that it should never take sides when making the rules or restrictions. If one campaigner or sign is permitted, then all parties and viewpoints must be allowed equally, regardless of board members' opinions. To do otherwise is asking for big trouble.
