Member's Free Speech Right Outweighed Association's Property Interests

June 30, 2012
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Facts: A member who lived in a planned townhouse community ran for town council and posted two signs in support of his candidacy at his home—one inside a window and another inside a door. The association's governing documents banned all residential signs except “For Sale” signs. The declaration precluded signs “in or upon any Building, the Common Facilities, or any part thereof without the prior written consent of the Board.” However, no written guidelines existed to direct the board's discretion in this area.

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