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
Civil Code Section 4706. Display of Religious Items on Doors
(a) Except as restricted in Section 1940.45, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the member’s separate interest.
(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a member’s separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the association’s work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
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)
Civil Code Section 713. Placement of Real Estate Signs.
(a) Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner’s real property, and on real property owned by others with their consent, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and do not adversely affect public safety, including traffic safety, as determined by the city, county, or city and county, advertising the following:
(1) That the property is for sale, lease, or exchange by the owner or his or her agent.
(2) Directions to the property.
(3) The owner’s or agent’s name.
(4) The owner’s or agent’s address and telephone number.
(b) Nothing in this section limits any authority which a person or local governmental entity may have to limit or regulate the display or placement of a sign on a private or public right-of-way.
Civil Code Section 712. Real Estate Signs.
(a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state heretofore or hereafter made, which purports to prohibit or restrict the right of the property owner or his or her agent to display or have displayed on the real property, or on real property owned by others with their consent, or both, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and do not adversely affect public safety, including traffic safety, and which advertise the property for sale, lease, or exchange, or advertise directions to the property, by the property owner or his or her agent is void as an unreasonable restraint upon the power of alienation.
(b) This section shall operate retrospectively, as well as prospectively, to the full extent that it may constitutionally operate retrospectively.
(c) A sign that conforms to the ordinance adopted in conformity with shall be deemed to be of reasonable dimension and design pursuant to this section.
Civil Code Section 4730. Real Estate Marketing Restrictions.
(a) Any provision of a governing document that arbitrarily or unreasonably restricts an owner’s ability to market the owner’s interest in a common interest development is void.
(b) No association may adopt, enforce, or otherwise impose any governing document that does either of the following:
(1) Imposes an assessment or fee in connection with the marketing of an owner’s interest in an amount that exceeds the association’s actual or direct costs. That assessment or fee shall be deemed to violate the limitation set forth in subdivision (b) of Section 5600.
(2) Establishes an exclusive relationship with a real estate broker through which the sale or marketing of interests in the development is required to occur. The limitation set forth in this paragraph does not apply to the sale or marketing of separate interests owned by the association or to the sale or marketing of common area by the association.
(c) For purposes of this section, “market” and “marketing” mean listing, advertising, or obtaining or providing access to show the owner’s interest in the development.
(d) This section does not apply to rules or regulations made pursuant to Section 712 or 713 regarding real estate signs.
Civil Code Section 4710. Display of Noncommercial Signs.
(a) 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.
(b) For purposes of this section, a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces.
(c) An association may prohibit noncommercial signs and posters that are more than nine square feet in size and noncommercial flags or banners that are more than 15 square feet in size.
Civil Code Section 4705. Display of U.S. Flag.
(a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by a member on or in the member’s separate interest or within the member’s exclusive use common area.
(b) For purposes of this section, “display of the flag of the United States” means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.
(c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorney’s fees and costs.
Civil Code Section 4700. Limits on Regulation of Separate Interests.
This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest. Nothing in this article is intended to affect the application of any other provision that limits the authority of an association to regulate the use of a member’s separate interest, including, but not limited to, the following provisions:
(a) Sections 712 and 713, relating to the display of signs.
(b) Sections 714 and 714.1, relating to solar energy systems.
(c) Section 714.5, relating to structures that are constructed offsite and moved to the property in sections or modules.
(d) Sections 782, 782.5, and 6150 of this code and Section 12956.1 of the Government Code, relating to racial restrictions.
(e) Section 12927 of the Government Code, relating to the modification of property to accommodate a disability.
(f) Section 1597.40 of the Health and Safety Code, relating to the operation of a family day care home.