Acting as a citizen in an active election season, David Terrenoire of Durham put a sign out in his yard to support a favored candidate.

Lots of people do that. But ...

"I come home one day and I see this envelope taped to my door," he said, "and saw it was from the homeowners' association. I thought it was about my knee-high weedy lawn."

Nope. It was a notice that his sign violated the homeowners' code.

"I called the head of the homeowners' association," he said. "It's not like I have puppies for sale."

A "Puppies for Sale" sign would have been a violation, too. According to the covenant Terrenoire signed when he bought the house (without paying close attention, he admitted), the only signs allowed in the yards of his Greyson's Green neighborhood in eastern Durham are those proclaiming "For sale" or "For rent."

He was astounded. He called his lawyer. There was nothing he could do.

"Apparently we can sign away our constitutional rights," he said, "without really realizing it."

That's right, under the law in North Carolina and many other states.

The First Amendment prohibits governments from restricting free speech -- which includes the posting of political signs -- but a homeowners' association is not a government agency, said Charles A. Szypszak, an authority on real-estate law at the School of Government at UNC-Chapel Hill.

"Nothing's ever cut and dried," Szypszak said, "but I would be very surprised if there is any authority to invalidate those restrictions."

New Jersey has a history of being particularly stringent in upholding First Amendment rights, he said, but even there a court recently upheld the same sort of covenant as that which snared Terrenoire.

Whether or not a homeowners' association does forbid or restrict political signs is up to the particular association. In the big Woodcroft neighborhood in south Durham, for example, signs are permitted, but only one at a time.

The state legislature spelled out the powers of homeowners' associations regarding political-sign and American flag displays in a 2005 law.

According to the law, such covenants are allowed as long as the covenant document specifically states that it "regulates or prohibits the display of political signs."

"I'm not letting this go," Terrenoire said. "I'm going to go to the homeowners' association and try to get them to change."

Vicky Jackson, property manager in Greyson's Green, said the notice Terrenoire got was not really official.

"It was just a notice from me personally, as a homeowner, enforcing my rights as per the city's ordinances," she said. If one homeowner in the neighborhood is bothered by another's display, "We have the right to challenge that homeowner."

Besides, she said, Greyson's Green has a recreation association, not a homeowners' association per se, and that political signs were not violations of covenant, but city ordinance.

"No," said Bonnie Estes of the city/county planning department, which enforces the sign regulations under the Unified Development Ordinance. Nothing in the city code prohibits political signs on private property, she said.

Association powers, Jackson said, "are a big concern with some people, and it's really divided. [Some people] really resent the influence on homeowners."

"Personally, I don't care who puts what in their yard as long as it's respectful. However ... there are certain things we cannot allow or things will get out of hand."

Terrenoire likened sign prohibition to the lunch counters of the 1960s that held they could serve or not serve as they liked.

"I'm not sure how it will go," he said. "This is a First Amendment issue, I can't believe this is even possible. ... It's not the first time I've tilted at windmills."