Can an HOA Ban Political Clothing or Hats on HOA Property?

Hi Kathy,

In California, an HOA cannot impose blanket restrictions on political expression, including clothing or hats with political messages, if those restrictions violate rights protected under the state’s constitutional free speech laws and Civil Code Section 4515.

That said, an HOA can adopt reasonable and neutral rules to prevent disruptions. For example, if the clothing contains profanity or incites violence, the board may have grounds to restrict it. But, any policy that targets political viewpoints or selectively prohibits certain messages could violate California law and be challenged as discriminatory or unconstitutional.