In the case MAZDABROOK COMMONS HOMEOWNERS' ASSOCIATION v. WASIM KHAN. an appeals court found a condominium association's rule concerning signs was unconsitutuional. The case was decided last week.
Two things are noteworthy about this Assocition. First in my humble opinion it has very extreme penalty prolicy. They tried to fine a unit owner thousands of dollars over a rose bush -- Give me a break.
And they outlawed all signs except real estate "for sale" signs. Unit owners were limited to one "for sale" sign. The Court found that this favored commercial speech and was not supportable.
"In the present case, we have a regulation that is not content neutral, and indeed it favors commercial speech. It is broadly drawn so as to foreclose an entire type of communication that has long been recognized as significant. Additionally, it regulates the free speech rights of residents within their condominium units."
Sign rules that favor commercial speech may be invalidated. Does your rule meet this test?
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