Can an HOA Prohibit signs on private property?

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Can an HOA Prohibit signs on private property?

I live in an HOA type community and their rules say no yard signed except
rental/for sale. Any other signs need to be approved by the ARB. I am wondering
if a Florida HOA can legally prohibit me the property owner from putting up a
no trespassing sign on my property.

Below is the verbiage from our Covenants and ARB.

REAL ESTATE AND OTHER SIGNS

Only one sign advertising a property for sale or rent may be displayed on a lot.
Only signs mounted on a post are permitted. Post is defined as a 4×4 inch
from which the sign hangs. Signs must not exceed one discreet, professionally
prepared ”For Sale’ orFor Rent’ sign not more than three 3 squarc f’eet.
Signs may only be placed in the front yard of the home. Only for sale or rent
signs in good condition are permitted. Signs that are significantly weathered,
leaning or damaged or otherwise in need of repair or maintcnance are not
permitted and must be replaced, repaired or removed.

No other signs freestanding or otherwise installed shall be erected or displayed
to the public view on any lot without the approval of the Board, except as may
be required by legal proceedings. If such permission is granted for any other
signs, the ARB shall have the right to restrict color, height, location and content
of such signs.

Asked on April 4, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they may prohibit signs. Setting rules for how properties are kept, to ensure certain standards or unanimity of appearance, regulating what can be in yards, etc. is well within an HOA's legal authority--and, in fact, are common areas of interest of HOAs, and things they common have regulations for. So long as the covenant was propertly adopted, this restriction is legal and enforceable.


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