Religious Items on Doors and Door Frames
Civil Code Sections 1940.45 and 4706 restrict the ability of HOAs from prohibiting individuals within associations from displaying "religious items" on the entry doors and entry door frames of their dwelling. A "religious item" is defined as "an item displayed because of sincerely held religious beliefs". [Civil Code Section 1940.45(c)(2).].
Associations may adopt and enforce restrictions that prohibit the display or affixing of a religious item on any entry door or entry door frame to a dwelling that [Civil Code Sections 4706.1940.45(b).]
- Hinders the opening or closing of any entry door,
- Threatens the public health or safety,
- Violates any federal, state, or local law,
- Contains graphics, language or any display that is obscene or otherwise illegal, or
- Individually or in combination with any other religious item displayed or affixed to any entry door or door frame that has a total size greater than 12 by 36 inches, provided it does not exceed the size of the door.
Removal of Religious Items in Connection with Association Maintenance Repairs
An association that is performing maintenance, repairs or replacements of and/or entry doors or door frames to a dwelling may require the member to remove a religious item displayed on the door or door frame during the time the association is performing the work. [Civil Code Section 4706(b)]. If temporary removal is required, the association shall:
- Provide written notice to the member regarding the temporary removal of the religious item, and
- Permit the member to again display or affix the religious item to the entry door or door frame upon completion of the association's work.
San Diego HOA Management