Submitted by Baystater on Wed, 10/22/2008 - 18:48
Posted in
My association's by-laws state that for sale, for rent and "other" signs or window displays are not allowed. However, local, state and federal laws supercede an association's rules, if they are conflicting. Yes? Does Mass law override this rule as a freedom of speech right, especially in the case of political signs at election time? Or, does the State allow such a by-law to prevail on the basis that members willingly forfeit such rights when they knowingly and voluntarily elect to join an association w/such restrictions. By the way, the display area in question is exclusively used common property (front porch). Thank you.
Editor's response
Interesting question. Federal courts have held that condo associations, because they are private parties, are not restricted by the fist amendment (at least not on this issue) and can ban political signs. Other states have passed laws specifically protecting an individual's right to place political signs outside their units. States are also free to interpret their own constitutions as providing greater free speech protections than the U.S. Constitution. However, as far as I know, Massachusetts law (statutory or case law) does not protect an individual unit owner's right to post political signs when those signs are banned by the condo's bylaws. (As always, the Editor invites others to correct him if he has overlooked any recent laws or cases.)