The capability of a Homeowners’ Association (HOA) to restrict or regulate political signs is subject to state laws and the HOA’s governing documentation (like CC&Rs—Covenants, Conditions, and Restrictions). Below is an overall overview:
Federal Protections
There aren’t any federal laws explicitly protecting the displaying of political signs on private property.
State Laws
A lot of states have laws that restrict HOA’s capability to ban political signs, particularly around election periods. These laws usually:
- Enable homeowners to display political signs but might permit HOAs to enforce reasonable restrictions on size, location, or the time length for which signs are allowed to be displayed.
- Forbid HOAs from banning political signs outright, particularly if the signs are positioned on private property (for instance in a yard or in a home window).
Goal of a Signage Policy
Policies that deal with political yard signage may seem tiresome and “high and mighty”. However, because political issues can produce real disputes within communities, associations cannot simply stand back and watch owners get involved in sign wars.
By approving a signage policy, the HOA aims to create a balance between individual (and sometimes conflicting) interests.
HOA Governing Documentation
HOAs usually establish guidelines concerning aesthetics and uniformity within the association. Even when a state law allows political signs, the HOA can oversee:
- The size of, and number of signs.
- The placement (for instance front yards vs. communal areas).
- The length of time signs may be displayed.
Can the HOA Board Take Down Political Signs?
What happens to homeowners that put up political signage despite the HOA’s rules and restrictions?
The best suggestion for Board members is to always think that homeowners are willing to work together, and that maybe they simply aren’t aware that they are violating the rules. Clear communication is going to usually resolve the issue.
If a homeowner actually declines to take down political sign(s), the Board may go through their proper channels of enforcing the rules.
Useful Advice
- Look into Local Laws: Review your state’s laws concerning political signs and HOA restrictions.
- Review HOA Documents: Look at the CC&Rs and HOA rules to understand what is, and what is not allowed.
- Get Legal Advice: when you think your rights are being violated, think about consulting a real estate attorney or local housing authority.
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