November 2024

Happy Holidays! Political Signs and Holiday Decorations in Community Associations By David L. Dockery, Esq., Becker

W ith election and holiday season upon us, community association boards are typically tasked with the best way to promulgate rules and regulations concerning political signs and holiday decorations. Living in a pluralistic society can have its challenges. However, a lawful, well-crafted, objective, and non-discriminatory policy can help a community live harmoniously while respecting the beliefs and traditions of all its members.

Political Signs Many Master Deeds and Declarations prohibit any signs to be displayed on common property or in the doors and windows of the Unit. While such restrictions are permissible if the signs are in connection with a commercial or personal interest, such as a for-sale sign or a happy birthday sign, political signage cannot be completely banned. The New Jersey Supreme Court determined in two recent cases, Committee for a Better Twin Rivers v. Twin Rivers Homeowners Ass’n, 192 N.J. 344 (2007), and Mazdabrook Commons Homeowners Ass’n v. Khan, 210 N.J. 482 (2012), that due to the free speech protections as provided for in the New Jersey Constitution, notwithstanding the association’s CONTINUES ON PAGE 16

“Some associations have taken the

position that

all holiday decorations are

prohibited...”

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NOVEMBER 2024