It comes down to two fights usually. One is that the HOA has a specific sign that has to be used for aesthetic reasons. This usually ticks off the realtor because they have a specific sign and don't want to buy a different one. Two is that the home isn't actually for sale. A Realtor places a sign on a buddy or builder's house for marketing purposes for their own business. Both of these are tough to fight for both sides but haven't been tested in the courts just yet.The Laws:Reasonable Restrictions PermittedAesthetic Restrictions the real estate signs must be of "reasonable dimensions and design."
(Civ. Code 712(a), 713(a).) An association therefore has the authority to impose reasonable restrictions on real estate signs for aesthetic purposes. (
Fourth La Costa v. Seith, at 581.)
Quantity Restrictions an association may limit real estate signs to one (1) sign per unit/property. (
Fourth La Costa v. Seith, at 581.)
Removal Requirements an association may require that signs be removed within a reasonable time-period following a sale (i.e., within three (3) days). (
Fourth La Costa v. Seith, at 581.)
They can restrict signage in the common areas and I have seen them use the quantity restrictions to make them take down an open house sign with the other sign in place Just FYI.