Most HOAs are given the authority by state law to do various things, including levying fines for non-compliance, with the stated goal of enhancing the values of all homes within their jurisdiction, enhancing safety, etc. However, just like the state government that gives them that authority, they are beholden to the constitution. The fact that the HOA is not literally a government is meaningless - it is still found by all of the restrictions that are in the constitution against any level of government. Thus, restricting free speech such as the display of a political bumper sticker is prohibited. I would love this guy to be fined, refused to pay the fine, be taken to court and then appeal to federal court on 1st Amendment grounds. I despise HOAs (well, really the generally power-hungry people running them, just like most of our politicians), and they need to be slapped down on a nationwide basis. This case is tailor-made made for just that result.
I am going to disagree even though IANAL. Unfortunately the people moving into an HOA sign a contract that can bind some to give up some rights because they enter into a contract voluntarily. That is what gives HOAs the power...not the government.
I am going to disagree even though IANAL. Unfortunately the people moving into an HOA sign a contract that can bind some to give up some rights because they enter into a contract voluntarily. That is what gives HOAs the power...not the government.
It kinda is a form of local government. Ours doesn't get paid, but it levys fines, raises our dues to pay for services, and hires contractors to do maintenance. They are all Democrats, and rather than organize clean-up days or other civic activities, they just keep raising the dues and pay to get stuff done that owners should do, like pick up their own dog waste, or else get an HOA fine. But that would be work.