Political yard signs rules have been a touchy topic within homeowners associations — and for good reason. Residents will often want to show their support for their candidate of choice during election season. However, it can cause division and conflict within a neighborhood. In addition, it’s not exactly the most appealing ornament in a front yard. Can HOA ban political signs?
Political Yard Signs Rules: What Can the HOA Do?
Can HOAs prohibit political signs? Homeowners associations often have strict rules about what decorations and items they can place in their front yard. Usually, trash bins and unsightly equipment need to be hidden from view. Moreover, some HOAs even prohibit homeowners from adorning their yards with off-season holiday decor.
When it comes to political sign rules, though, things are a little more complex. A lot of homeowners argue that implementing political sign regulations can prohibit their freedom of speech. They argue it conflicts with the First Amendment. Are they right? Is the HOA violating the Constitution by imposing campaign sign rules? There are two main things to consider: State Law and the Governing Documents.
State Law
Some state laws protect people’s right to place political signs on their property. This includes everything from banners and flyers to posters. However, more often than not, states will allow HOAs to place reasonable restrictions on political signs. This means rules for placing political signs are not necessarily illegal.
For instance, while California law prohibits HOAs from banning political signs, they can employ political yard signs rules that outline what kinds of signs are allowed. Associations can prohibit signs made of building, decorative, or landscaping materials.
Moreover, they can dictate where the homeowners can post political signs. In planned communities, residents can typically post signs in yards, doors, windows, and the sides of their property. Meanwhile, condominium residents can post signs inside their windows and on balconies. They cannot, however, post signs on exterior doors, walls, and windows because those are considered common elements.
According to California law, HOAs may also prohibit non-commercial posters and signs over 9 square feet in size. Meanwhile, HOAs can limit non-commercial flags and banners to 15 square feet. They can also ban common area signs and signs with obscenity.
Given these regulations, it’s safe to assume that political yard signs rules do not necessarily violate the First Amendment as long as they’re reasonable. HOA board members should review state law and consult an attorney to make sure they’re not violating any laws.
Governing Documents
Homeowners associations often have architectural guidelines that dictate what homeowners can and cannot do with their property. These guidelines preserve the community’s harmonious aesthetic and protect property values. Political signs are often an eyesore for many onlookers as they disrupt the community’s exterior facade.
For this reason, many HOAs will implement rules stating where and when homeowners may post political signage. The HOA has a right to enforce these rules so long as they do not violate state law. Thus, residents should review the governing documents before posting flyers or banners during election season.
On the flip side, HOA board members should also carefully review the governing documents before implementing policies regarding political signs. Homeowners may take legal action against the HOA if the board imposes a rule it has no right to.
What are Examples of Political Yard Signs Rules?
Homeowners associations have a variety of rules they can impose. Of course, they should review the governing documents and state law before implementing any of them. What political yard signs rules do they often use? Here are some common examples.
1. Number of Signs
Homeowners associations may limit the number of signs each home can have. Doing this prevents homes from being littered or overcrowded with political signs. It strikes a good balance between the freedom of self-expression and prioritizing community aesthetics.
2. Sign Placement
HOAs may indicate where homeowners can place their signs. Many associations allow them on front yards or front doors and windows. Typically, they place restrictions on how the signs are held up. Many will require residents to use ground-mounted signs instead of wall-mounted ones to preserve architectural uniformity.
3. Size of Signs
Homeowners associations restrict the size of each political sign allowed. Otherwise, even if an HOA limits signage to only one or two, homeowners may take advantage of the rule and post one massive billboard-sized sign on their front yard. Consider implementing a maximum size for each type of political sign — be it flyers, banners, flags, or posters. Large signs are not only aesthetically unappealing but they can also block paths or become safety hazards for the residents.
4. Posting Period
HOAs can restrict posting to only a certain period (e.g. during campaign or election season). Doing so allows the homeowners to show their support for their favorite candidate or political party without turning the community into an overly political neighborhood year-round.
It’s crucial to review the HOA’s governing documents and state law before implementing this, though. This is because some states prohibit HOAs from banning political signs within a certain number of days before and after election season.
5. Sign Materials
Homeowners can sometimes be overly enthusiastic when it comes to showing their support. Hence, they may build outlandish signs out of lights or concrete. These signs can not only be unsightly but may also disrupt the community’s architectural guidelines.
As a result, it may be wise to ban signs made of certain materials like concrete, greenery, lights, or balloons. The HOA may even provide a list of allowable materials such as cardboard, tarpaulin, or plywood.
6. Obscenity
HOAs may ban signs that feature obscene or offensive scenes and language. Doing so protects curb appeal and ensures no conflict arises between residents. Obscene signs can have more serious consequences such as monetary fines.
Striking a Balance
Homeowners associations can implement political yard signs rules without violating people’s rights to free speech. As long as they stick to reasonable restrictions that do not violate the law, political sign rules should be safe overall. However, it’s important to strike a balance and not prohibit political signs entirely. Otherwise, it can lead to complaints, conflict, and even lawsuits.
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