TRIGGER WARNING FOLLOWING CHARLIE KIRK’S MURDER
TO MY READERS:
I wrote this article more than two weeks before the tragic and horrifying events of September 10, 2025, in which Charlie Kirk was murdered. We are deeply saddened and outraged by this cowardly act of violence.
At MBK CHAPMAN, we hold firmly to the principle that free speech is one of the most fundamental cornerstones of our nation. Whatever one’s political, social, or cultural views may be, every person has the right to their opinions and to express them in the public forum without fear of harm to themselves or their property.
We share this message in the spirit of reaffirming that principle, especially during this time of grief and reflection.
Overview
California homeowners frequently clash with their HOAs over political signs, flags, and banners. Whether it’s a Trump sign, a Pride flag, or a Black Lives Matter poster, many HOAs attempt to restrict displays they view as controversial. Civil Code 4710 protects your free speech rights by prohibiting HOAs from banning non-commercial signage on your private property. While associations may impose reasonable limits on size, materials, and placement, they cannot silence expression based solely on content.
For a deeper dive into this topic, see my two articles on the subject: “California HOA Political Signs: What Civil Code 4710 Means for Homeowners” and “Is There a Line Between Free Speech and HOA Regulations?”
Key Points
Civil Code 4710 (part of the Davis–Stirling Act) protects non-commercial expression such as political, social, or religious signage on residential HOA property.
- Non-commercial signs include campaign signs, Pride flags, Black Lives Matter posters, and other expressive displays that do not propose a commercial transaction.
- HOAs may impose reasonable restrictions on signage, including:
- Limiting sign size to 9 square feet.
- Limiting banner/flag size to 15 square feet.
- Regulating materials (e.g., paper, cardboard, cloth, plastic, or fabric).
- HOAs may also restrict signs to protect health or safety, or to comply with other state, federal, or local laws.
- HOAs cannot enforce content-based bans. Boards cannot prohibit signs simply because they disapprove of their political or social message.
- Attempts to equate political or social signs with hate speech or threats are legally unsupported. A Trump sign, a Pride flag, or a Black Lives Matter banner is not the same as a swastika or terroristic symbol.
- California courts apply strict scrutiny to content-based restrictions. HOAs banning signs based on viewpoint would almost certainly fail this standard and be unenforceable.
- If your HOA threatens fines or removal of signs, demand written justification and cite Civil Code 4710. Unless your sign violates size limits, endangers health or safety, or breaks another law, it must be allowed.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across “articles” that appear to be authoritative, but are actually designed as nothing more than search-engine marketing dumps. These pieces emphasize keyword inclusion rather than providing clear, related, and accurate analysis. Unfortunately, this approach can leave homeowners more confused than informed.
At MBK Chapman, our Fact Sheets, which are part of our HOA Law Library, are deliberately concise, statute-based, and are designed as quick-reference guides to help California homeowners understand key HOA laws at a glance.
Our Articles, by contrast, are designed for deeper analysis, context, and strategies that go beyond the quick-reference points covered in the Fact Sheets. Unlike much of what appears online, our Articles are not written by AI, and they contain nuanced discussion, real-world examples, and actual analysis of complex issues related to the daily lives of HOA members in California. In short, our Articles prioritize function and clarity over SEO word-dumping.