Legal Opinion on Signage on Trust Property

GRF does not have the right to compel LW clubs to remove signs that some might find offensive, even if the signs are posted on Trust Property.

Generally, communities such as Leisure World have wide latitude in regulating the common area, i.e., Trust Property, and may enact rules that are reasonable.

In 2017, the scope of common area regulation was narrowed when the state Legislature amended the Davis-Stirling Act to grant owners the right to participate in certain protected activities on the property, including political activity (Civil Code Section 4515).

Under the law, associations may not prohibit certain specified activities related to the subjects of politics, education or association governance; protected activities include inviting candidates for public office to speak on the common area property, using the common area for assembly, and canvassing or distributing literature [Civil Code Section 4515(b)].

GRF may lawfully prohibit speech and signs on Trust Property that are abusive or profane, and GRF does that through its Code of Conduct.

Under state law, GRF cannot demand clubs remove signs that are not inherently profane. This includes the political signs that triggered recent letters to the editor and GRF Board. One sign, which said “The Democratic Party has taken God out of America,” has been on display for several weeks on a club’s tent near Clubhouse 6. While some found it offensive and expressed their outrage, the sign was not inherently profane, according to legal opinion.

Signage used by various clubs and organizations are not endorsed by the GRF Board. The GRF Board is allowing the signage on Trust Property under the letter of the law.