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1/30/2022 4:24:59 PM
 
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Section 5: OPA Board Subject: Signs of the Times Msg# 1151138
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We are in disagreement if you are saying OPA can prohibit lot owners from placing signs supporting, for example, a presidential candidate on their property.
Perhaps you are correct regarding Federal law and 1st Amendment but I suggest you look into Maryland law on the issue where I believe you will find: Maryland residents in HOAs and condominium associations cannot be prohibited from displaying campaign signs, but time restrictions imposed on sign placement are allowed. At a minimum, Maryland owners may display their campaign yard signs for 30 days prior to and 7 days after an election.
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For reference, the above message is a reply to a message where: Again, you miss the point. The specific case may have had to do with signs. But the ruling was much broader and related to 1st amendment free speech rights since that was the argument made to support a position in this case. Just read the 2nd sentence: "HOAs and condo associations are private communities, not the government or a state actor, and thus the First Amendment does not apply." Effectively, the Federal Supreme Court has issued a ruling that 1st amendment rights of free speech will not be allowed (do not apply) as an argument against any HOA requirement or restriction. You stated what about federal 1st amendment rights of free speech? I am saying that issue has been resolved by case law. And the resolution states that that right does not apply in the case of an HOA. I am not under any delusions and I hope this clarifies what I mean. |
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