Civil Code Sections 1940.45 and 4706 restrict the ability for HOA governing documents to prohibit individuals within the association from displaying “religious items” on the entry doors and entry door frames of their respective dwellings.
“Religious Item” Defined
A “religious item” is defined as “an item displayed because of sincerely held religious beliefs.” (Civ. Code § 1940.45(c)(2).)
Permissible Restrictions
An association may adopt and enforce restrictions that prohibit the display or affixing of a religious item on any entry door or entry door frame to a dwelling that (Civ. Code §§ 4706, 1940.45(b)):
(1) Threatens the public health or safety.
(2) Hinders the opening or closing of any entry door.
(3) Violates any federal, state, or local law.
(4) Contains graphics, language or any display that is obscene or otherwise illegal.
(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.
Removal of Religious Items in Connection with Association Maintenance/Repairs
An association that is performing maintenance, repair or replacement of an entry door or door frame to a dwelling may require the member to remove a religious item displayed on the door or door frame during the time the association is performing the work. (Civ. Code § 4706(b).) If such temporary removal is required, the association must:
- Provide individual notice to the member regarding the temporary removal of the religious item; and
- Permit the member to again display or affix the religious item to the entry door or door frame after completion of the association’s work.
Related Links
THOU SHALT NOT REMOVE THE MEZUZAH: California Legislature Enacts SB 652 to Protect Displays of Religious Items on Doors and Doorframes
Real Estate Signs
Commercial in Nature
Civil Code Section 4710 provides homeowners with rights to display and post noncommercial signs in or upon their separate interests, subject to certain limitations. (See “Flags, Banners & Signs.”) However, Section 4710 does not apply to the display and posting of real estate signs (i.e., “For Sale” or “For Rent” signs) because such signs are deemed commercial signs. (See Fourth La Costa v. Seith, at 579 (“…signs advertising property for sale or for lease constitute commercial speech as the advertiser’s interest is purely economical.”).)
Notwithstanding that fact, Civil Code Sections 712 and 713 provide homeowners with limited rights to display real estate signs on their properties, subject to the limitations discussed below.
General Protections
Civil Code Section 712 renders void any provision in an association’s governing documents that seeks to prohibit or restrict the right of a property owner or the owner’s agent to display a real estate sign on the owner’s property. (Civ. Code § 712(a).) The real estate sign may advertise the following:
- That the property is for sale, lease or exchange by the owner or his or her agent. (Civ. Code §§ 712(a), 713(a)(1).)
- Directions to the property. (Civ. Code §§ 712(a), 713(a)(2).)
- The owner’s name or the name of the owner’s agent. (Civ. Code § 713(a)(3).)
- The owner’s or agent’s address and telephone number. (Civ. Code § 713(a)(4).)
Sign Posting & Display Locations
Real estate signs may be posted or displayed on the owner’s property, or the property of another with their consent. (Civ. Code §§ 712(a), 713(a).) However, owners have no right to post real estate signs in association common areas if prohibited by the association. (Fourth La Costa v. Seith, at 581.) Therefore, in a condominium situation where the owner does not have a yard, the owner typically posts the real estate sign in the window of his/her unit. In planned developments, the owner may post the sign in any reasonable location of his/her property that is in plain view of the public, so long as it does not adversely affect public safety or traffic safety. (Civ. Code §§ 712(a), 713(a).)
Reasonable Restrictions Permitted
Aesthetic Restrictions – the real estate signs must be of “reasonable dimensions and design.” (Civ. Code §§ 712(a), 713(a).) An association therefore has the authority to impose reasonable restrictions on real estate signs for aesthetic purposes. (Fourth La Costa v. Seith, at 581.)
Quantity Restrictions – an association may limit real estate signs to one (1) sign per unit/property. (Fourth La Costa v. Seith, at 581.)
Removal Requirements – an association may require that signs be removed within a reasonable time-period following a sale (i.e., within three (3) days). (Fourth La Costa v. Seith, at 581.)
Flags, Banners & Signs
The extent to which a HOA may restrict or prohibit homeowners from posting flags, banners and signs depends upon: (1) the nature/content of the flag, banner or sign, (2) its dimensions, and (3) the location where it is to be displayed or posted.
Noncommercial Flags, Banners & Signs Permitted
Civil Code Section 4710 provides homeowners within associations the right to display “noncommercial” signs, posters, flags or banners:
“The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.” (Civ. Code § 4710(a).)
Permitted Signage Materials
For the purposes of Section 4710, a noncommercial sign, poster, flag, or banner may be made of “paper, cardboard, cloth, plastic or fabric…but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component,” nor may it “include the painting of architectural surfaces.” (Civ. Code § 4710(b).)
Permitted Posting Locations
For the purposes of Section 4710, a noncommercial sign, poster, flag or banner “may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest.” (Civ. Code §4710(b).) This language does not necessarily permit homeowners to display noncommercial signs upon any portions of HOA common area (i.e., common area parks or recreational facilities, common area walls surrounding condominium units, etc.).
Permitted Sign Dimensions
Section 4710 does allow for a HOA to prohibit flags, banners and signs that exceed the following dimensions:
Noncommercial Signs and Posters that are more than nine (9) square feet in size may be prohibited. (Civ. Code § 4710(c).)
Noncommercial Flags or Banners that are more than fifteen (15) square feet in size may be prohibited. (Civ. Code § 4710(c).)
Political Signs
Although not explicitly addressed in Section 4710, political signage is generally understood to constitute “noncommercial” signage. Additionally, pursuant to Civil Code Section 1940.4, it is unlawful for a landlord to prohibit a residential tenant from posting or displaying a political sign or banner. California Courts have analogized HOAs to landlords in certain respects. (See Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 499.)
Commercial Signs & Real Estate Signs
While Section 4710 limits a HOA’s authority to restrict the display or posting of noncommercial signs, its language does not address prohibitions on the display of commercial signs (i.e., a sign advertising a business, promoting a company or individual for profit motives, etc.). By implication, Section 4710 would not impact a HOA’s authority to prohibit or restrict the display of commercial signs. Most sets of HOA governing documents contain restrictions on the commercial use of properties; such restrictions often include language that prohibits commercial signage.
*Exception: Real Estate Signs
Notwithstanding the above, Civil Code Sections 712 and 713 provide homeowners with limited rights to display real estate signs (“For Sale,” “For Rent,” etc.), even though such signs are commercial in nature. (See “Real Estate Signs.”)
Number of Signs
Section 4710 does not address the number of noncommercial signs that may be displayed by a particular homeowner. However, in the case of Fourth La Costa v. Seith, the California Court of Appeal “[saw] no problem with allowing only one sign per unit, or requiring that signs be removed within three days of a lease or sale.” (Fourth La Costa v. Seith (2008) 159 Cal.App.4th 563, 581.) Though that case pertained to real estate signs, the Court’s reasoning could similarly apply to restrictions on the number of noncommercial signs.
U.S. Flags
Civil Code Section 4705 contains similar protections for homeowners displaying a flag of the United States, as well as similar restrictions on permissible flag materials and display locations. However, unlike Section 4710, Section 4705 does not contain language addressing the permissible dimensions of U.S. flags.
Religious Items on Doors
Civil Code sections 1940.45 and 4706 grant members the right to display religious items on the entry doors and door frames to their respective units, subject to certain limitations. (See “Religious Items on Doors.”)
Related Links
Who’s Yard is it Anyway? Part I: Homeowner’s Speech
– Published on HOA Lawyer Blog (March 2025)