The deed restrictions of a HOA in FL. states all signs except for a for sale one are prohitited. Are political ones exempt?

Asked about 2 years ago - Palm Harbor, FL

Home owner says political signs are exempt. The deed restriction clearly states no signs expect (1) 18X24 "For Sale" sign are allowed. Was told by home owner that State laws of Florida override this concerning political signs.

Attorney answers (1)

  1. Barbara Billiot Stage

    Pro

    Contributor Level 20

    Answered . There is no state statute protecting political signs. The question then becomes one of protected First Amendment free speech. If the HOA enforces this ban against signs to include political signs and enforces it against all owners, then the courts would uphold the restriction. The problem comes in when the HOA looks the other way and then tries to enforce it when they are attempting to censor candidates they do not like.

    There is a court case where an owner put the sign inside her car window and the court ruled the HOA could not regulate signs in windows based on the wording of that HOA's restrictions banning signs in yards.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more

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