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.


Related Topics:
1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.