Crucial Exams

Multistate Bar Examination Practice Question

A homeowners association recorded a declaration of covenants, conditions, and restrictions (CC&Rs) for a planned community. The declaration authorizes the board to adopt reasonable rules to protect the common property but contains no provision that addresses signs on privately owned lots. Two years later, the board-after notice and an open meeting-adopts a rule that prohibits owners from displaying any political yard signs on their own lots. Several owners continue to display campaign signs and are fined.

Under the majority common-law approach reflected in the Restatement (Third) of Property (Servitudes), may the association enforce the no-political-sign rule against the owners?

  • Yes, but only if the declaration grants the board a general power to adopt rules governing use of property in the community.

  • Yes, because homeowners associations possess inherent authority to regulate the aesthetics of individually owned property.

  • No, because absent specific authorization in the declaration, the association lacks power to adopt rules that restrict the use of individually owned lots.

  • No, because any restriction on political signs by a private association violates the First Amendment's free-speech clause.

Multistate Bar Examination
Real Property
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