Political Signs: Free Speech Or Rule Violation?

Many Associations limit the types of signs that can be posted on the property. Recently, a group of homeowners sued their association alleging violation of their rights to free speech and expression. Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association (New Jersey). The Court found that the Association is permitted to place restrictions on signs, such as political signs as long as the restrictions are reasonable. It is anticipated that this case will be used as an example in courts across the nation.

An Association has a duty to accommodate and balance the interest of every member of the Association. The Court in Twin Rivers found that each homeowner agreed to the rules upon the purchase of their homes. Placing minor restrictions on the homeowners “expressional activities” are not unreasonable or oppressive to the homeowner and that they did not violate the free-speech clauses of the state Constitution.

Homeowners still have the right and ability to challenge any rule or regulation promulgated by a community association that unreasonably restricts or infringes on their rights to free speech. Restrictions on these rights must be reasonable as to the time, place, and manner of the restriction. Rules should be content neutral and uniformly and consistently applied to all homeowners. The specific rule at issue in Twin Rivers was that one political sign was allowed in the window of a unit and one sign was allowed in the flower bed in front of the home as long as it was within three feet of the home.

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