Lompoc, CA asked in Civil Rights and Elder Law for California

Q: I live in a local HOA and have placed 5 political signs in my front yard.

Today, I received a letter from the HOA stating that i need to remove the signs now, as the election is over. Note: The election is not over yet until all states certify the election and/or legal action is completed and decisions are rendered in all states and electoral college. I believe this request is a violation of my first amendment freedoms and harassment. I am 71 years old.

Thanks

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: This is a common refrain one keeps hearing about local HOA, i.e. that they continue to interfere with our personal freedoms in some fashion or another. The present issue lies in the fact that you do not consider the election "over" yet. It is only a matter of semantics, because for all intents and purposes the election is over. Your man has lost the election and it is about to be certified even though your man is the only president in our history who refuses to concede the inevitable. Nevertheless, your HOA demands you remove your political signs because the election is over.

The only way I can see you contesting the issue is by demanding a hearing before the local HOA board in response to the notice you were given. Your only remedy in such matters is before your local HOA. And that is where I recommend you start. While you are awaiting the HOA board meeting to convene, you can advise them that you have received their notice but will continue to leave your signs up until at least you have had your hearing before the HOA board. By that time, perhaps the certification of the election will have occurred, because by December 12 we should have the official and final results after the electoral college casts its votes in accordance with state law. And then you will know for sure that we have a new president and your man will have lost officially and finally.

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