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?
No, because absent specific authorization in the declaration, the association lacks power to adopt rules that restrict the use of individually owned lots.
Yes, but only if the declaration grants the board a general power to adopt rules governing use of property in the community.
No, because any restriction on political signs by a private association violates the First Amendment's free-speech clause.
Yes, because homeowners associations possess inherent authority to regulate the aesthetics of individually owned property.
The association may not enforce the rule. Restatement (Third) of Property (Servitudes) § 6.7(3) provides that, absent specific authorization in the recorded declaration, a common-interest community lacks power to adopt rules that restrict the use or occupancy of individually owned lots-other than rules necessary to protect the common property or prevent unreasonable interference with other owners. Because the declaration is silent on sign display and the yard of each lot is individually owned, the board's rule exceeds its delegated authority and is unenforceable. Although the First Amendment bars governmental (not private) restrictions, some states by statute limit associations' ability to ban political signs; those statutes reinforce-but are not required for-the common-law result. Consequently, option C is correct; options A and B overstate the board's inherent or general powers, and option D misstates constitutional doctrine.
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