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by jjeaff 1846 days ago
I think you would only have a case if that -wasn't- written into your bylaws and they were still doing it.

I don't think there is any law that keeps you from creating a private agreement that only signage from one party is allowed.

2 comments

> I think you would only have a case if that -wasn't- written into your bylaws and they were still doing it.

> I don't think there is any law that keeps you from creating a private agreement that only signage from one party is allowed.

Okay the ongoing presumption here that enforcement is limited to bylaws is weird.

They simply wrote up homes w/ signs from one party and ignored those from the other party.

Uuuhhh, again, that is a direct civil and voting rights violation. Please tell me that have that written in the bylaws. Lawyers would have a field day.
This is super fascinating, and not at all clear-cut.

https://www.freedomforuminstitute.org/first-amendment-center...

It appears that a HOA is not the government, and you can give up your first amendment rights. Moreover, political opinions aren't protected -- this isn't discrimination, and isn't a civil rights violation to my understanding.

Can you cite a law or precedent supporting your claim that this is a voting rights violation? Genuinely curious

Rulings that establish HOAs as not standing for "government" is really interesting to me. Contrast to Marsh v. Alabama, where company towns were ruled to be standing in for government, so they couldn't forbid proselytizing. Very curious.

Is there a specific law forbidding the creation of a private agreement that stipulates as such?

I ask because I'm not sure. There are obviously some limitations to what a private contract can require, but i don't think this is one of those things.

I agree with you on that, but it seems weird that these so called "inalienable" rights can be alienated