The short answer
An HOA can regulate your sign, but it generally can't ban a reasonable for-sale sign on the seller's own property. Common areas, including streets and gates in a gated community, are different: the HOA owns them, so open house signs there need its permission.
What the law says
- Civil Code 713: notwithstanding any ordinance, an owner or agent may display reasonable signs advertising the sale, directions to the property and the owner's or agent's name and contact details, on the owner's property and on others' property with their consent. Signs must be reasonably located, of reasonable size and design, and not hurt traffic safety (Civ. Code 713).
- Civil Code 712: provisions in a deed or CC&Rs that ban or restrict such signs are void as an unreasonable restraint on selling property (Civ. Code 712).
- Civil Code 4730: any governing-document provision that arbitrarily or unreasonably restricts an owner's ability to market their interest is void. HOAs also can't charge marketing fees above actual cost or require a specific broker (Civ. Code 4730).
- Civil Code 4710 covers noncommercial signs and flags, not for-sale signs (Civ. Code 4710).
What HOAs can still regulate
- Size, design and placement, as long as the rules are reasonable.
- Common areas, gates and private streets, which they own.
- In one California case, a court upheld an HOA rule allowing one sign per unit and requiring removal within three days of a sale (Fourth La Costa Condominium Owners Assn. v. Seith, 2008, as summarized by findhoalaw.com).
City rules still apply
An HOA's approval doesn't override the city. In Calabasas, for instance, off-site open house signs are limited to two, 3 sq ft each, on the day of the open house (CMC 17.30.030(G)), and in West Hollywood condo listings get a 150 sq in sign per unit (WHMC Table 3-13). See rules by city.
How to handle a gated community
- Ask the management company for the CC&Rs and any sign rules before you list.
- Request written permission for open house signs at the gate or on common-area streets.
- Give gate access details to whoever installs your signs.
- If a rule looks like it unreasonably blocks marketing the home, raise Civil Code 4730 with the HOA (and talk to a real estate attorney if needed).
Questions
Can an HOA ban for-sale signs in California?
Not a reasonable sign on the owner's own property. Civil Code 712 voids deed and CC&R provisions that ban such signs, and Civil Code 4730 voids HOA rules that arbitrarily or unreasonably restrict marketing a home. HOAs can regulate size, design and placement, and control common areas.
Can I put open house signs inside a gated community?
Streets, gates and entry areas are usually HOA common area, which is property owned by others. Under Civil Code 713 that takes the owner's consent, so get the HOA's permission first.
