After Banning “‘Jesus’ Signs,” Saying “They Are Not Allowed,” in Violation of Federal Law, HOA Reverses Course in Victory for ACLJ Client

The ACLJ took action against a homeowners association (HOA) in Texas after it informed our client that religious yard signs are not permitted even though the HOA permits various nonreligious yard signs.

Our client initially had a sign in her front yard and a banner in the backyard. The sign stated, “Pray for America,” and the banner stated, “Jesus is Our Only Hope.” Shortly after our client put up the sign and banner, she received a violation notice from the HOA that demanded our client “Remove ALL ‘Jesus’ signs – they are not allowed.”

Our client thought she had been told to remove the signs because the banner was too large and did not meet the HOA size requirements for signs. So, our client sought approval for the sign and banner with the HOA’s Architectural Review Committee (ARC). The ARC came back and stated the signs were political and asked if they met the size requirements. Given that the banner did not meet the size requirements, the client then purchased a smaller yard sign with the same message. Once again, she sought the ARC’s approval. This time the ARC came back and stated that the signs were not approved political signs.

Our client then sought clarification from a member of the ARC and learned that the true intention behind the denial was the religious content on the signs. The committee member told our client that religious signs are not on the list of allowed signs, thus admitting that other signs are permitted but religious signs are prohibited. The committee member also failed to mention that the committee has the discretion to approve signs that are not on the typical list of approved signs.

We fired off a demand letter informing the HOA of our client’s rights under the Fair Housing Act (FHA). Despite what many homeowners associations think, they cannot prohibit religious signs while allowing nonreligious signs.

As we explained in our letter, the FHA makes it illegal “[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of . . . religion.” Courts have also emphasized individuals are protected from discrimination before and after they acquire the property, including governance by HOAs. The FHA therefore prohibits HOAs from applying rules to an owner’s use of their property in a manner that discriminates against their religion.

Here, the HOA did just that. Various signs are permitted around the neighborhood, but our client’s signs were prohibited specifically because they are religious. Moreover, the committee had the discretion to approve other signs but specifically prohibited our client’s signs based on their religious content.

Because of this violation of federal law, we demanded the HOA cease all discrimination and allow our client to display religious signs. We were prepared to take further legal action if the HOA did not comply. However, shortly after the HOA received our demand letter, it reversed course. Our client received written assurances that she will be permitted to display her religious signs and that no further enforcement action will occur.

Learn more about your rights regarding homeowner associations and housing complexes in our Know Your Rights resource. If you have experienced religious discrimination by your HOA, the ACLJ may be able to help. Please contact us at ACLJ.org/HELP.