Legal Question in Constitutional Law in Mississippi
political free speech
Local homeowner's association bans political signs (campaign) from yards of property owners. All roads in the subdivision are public, not private. The board who has decided to not allow these signs have not enforced such covenant in at least 10 years. In fact, the board president has actually ordered the subdivision's private security guards to come onto the property and remvove the signs. One property owner has defied their order, citing his 1st amendment right to free speech.
What do you think?
1 Answer from Attorneys
Re: political free speech
This really isn't a constitutional law question. HOA covenants can include waivers of various rights, including the right to place campaign ads on a member's property. Thus, even though property owners generally might be able to put such signs on their property, owners within your subdivision jointly agreed to waive that right. This agreement is binding unless some other provision of law makes it void or unenforceable.
Non-enforcement of this rule for ten years might or might not make it unenforceable today. That is a question of Mississippi real estate law, and I have no idea what the answer would be. I suggest re-posting your question in that category.
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