A reader of this blog asks:
“Joe – We are currently doing a rules revision at [our condominium]. The question came up: Can the board restrict the usage of political signs posted in windows in such a way that they are visible from the common areas? Can you tell me what Maine and/or Federal law has to say about this?
The fall elections come in two weeks, and until then we see campaign signs blooming like mushrooms along our highways. Can they be placed on the common elements? In windows? Isn’t this a matter of free speech?
The answer is no. Although the first amendment to the Constitution prohibits interference with free speech, it applies only to government entities, not private condominium associations. The common elements of the condominium are controlled directly by the condominium association, acting through its Board of Directors, and they can prohibit political signs from being posted there.
In addition, Section 1602-111 of the Maine Condominium Act says that a unit owner may not change the exterior appearance of a unit or any other portion of the condominium, without permission of the association. This gives the association the authority to prohibit political (or any other) signs in windows or other areas of the unit which can be seen from the common elements.
It should be noted that federal law prohibits condominium associations from limiting the right to fly the American flag.