Homeowners don’t always have free rein when it comes to putting up political signs in HOAs. These communities are known for their strict rules, and many prohibit or regulate things like signs, flags, and general decor. Whether or not an HOA can permit political signs depends largely on state laws and its governing documents, though the question of should is a bit more nuanced.
In this article:
Can Homeowners Display Political Signs in HOAs?
Homeowners can typically do what they wish with their homes, provided they operate within state and city ordinances. They can paint them whatever color they choose, make renovations without jumping through hoops, and decorate as they please. However, there’s another layer added to the mix when there’s an HOA involved.
Homeowners associations are known for enforcing rules — rules that may inhibit the freedom owners have over their homes. It is quite common to see an HOA that prohibits an owner from making any changes to the exterior of their property without permission, even if it’s just a paint job. Such rules also extend to how owners can decorate their homes, including displaying signs and flags.
Before owners put up a political sign, it’s best to check the HOA’s CC&Rs and operating rules. If these documents don’t provide insight, it’s a good idea to consult the HOA board or the community manager.
Should HOAs Allow Political Signs?
Displaying a political sign may not be allowed in an HOA community. Many associations restrict HOA political yard signs to maintain aesthetics and uniformity within the neighborhood. By regulating signs, HOA boards can keep everything looking consistent and neat. After all, it’s easy to encounter old and worn-out signs courtesy of lazy owners.
Of course, rules on political signs in HOAs also come with their pitfalls. One, in particular, is the potential backlash from homeowners. Residents, especially politically active ones, want to express their views and show their support for certain candidates. And they can’t do that if their HOA prohibits political signs.
This will inevitably lead to one or more displeased residents voicing their complaints to the board, even at inopportune times. Board members should be prepared for such reactions and know how to handle complaints, including ones from residents who turn difficult.
Can HOA Ban Political Signs?
There are two things that determine an HOA’s authority to prohibit or restrict political signs: state laws and the governing documents. Board members should refer to both before enacting and enforcing a rule that can potentially expose the association to liability.
State Laws
The rights of homeowners and the extent of an HOA’s power can vary from one state to another. Some states give HOAs more authority, while others have strict laws governing them. As such, HOA boards and homeowners should check state and local laws first.
Some states prohibit HOAs from banning political signs. In California, Civil Code Section 4710 doesn’t allow HOAs to prohibit noncommercial signs, though it does allow for some regulations. In North Carolina, Section 47F-3-121 offers some level of protection when it comes to homeowners’ political sign displays in HOAs and condos. However, there are limitations, and associations may restrict or ban such signs when certain key phrases exist within the declaration.
Governing Documents
After state and local laws, homeowners and HOA boards should check the governing documents. These include the HOA’s CC&Rs or declaration, bylaws, and operating rules.
Assuming state laws allow for it, an HOA may prohibit or restrict the display of political signs if the governing documents say so. If an HOA wishes to regulate political signs but no such provisions exist within the governing documents, the board should take steps to amend them.
Enforcing a rule that an HOA does not have the right to do could expose the association and its board to liability. It also calls into question the validity of the board’s enforcement power and the rules themselves.
HOA Political Signs and the First Amendment
When faced with a rule restricting political signs, most homeowners respond with the First Amendment. This is a knee-jerk reaction but one that doesn’t necessarily apply to the situation. While the First Amendment protects the right to free speech, it doesn’t cover political signs in HOAs. In fact, the Supreme Court has consistently upheld the political sign rules of HOAs.
Homeowners associations are private entities, and homeowners enter a contract with their HOA upon the purchase of a home. Membership in an HOA means abiding by its rules and agreeing to fulfill certain obligations, provided they don’t conflict with the law. This includes adhering to an HOA’s rules on political signs.
Creating HOA Rules on Political Signs
In general, an HOA can enact rules governing the display of political signs in the community. State laws permitting, here are some HOA restrictions on political signs worth considering.
1. Limit the Number and Size of Signs
Many HOAs place a cap on the number of political signs owners can post at the risk of overcrowding. A few strategically placed signs are acceptable, but too many can quickly make a property look unkempt and cluttered.
Additionally, associations may want to limit the size of the signs on display. Signs that are too big can interfere with the aesthetics of the community. They can also be a safety issue, blocking pathways and roads, especially in corners.
2. Restrict the Materials of Signs
Association boards should consider restricting the types of materials owners can use to make political signs. For instance, an HOA may want to prohibit signs made of paving materials, siding, roofing, flora, lights, and balloons. Typically, associations allow signs made of cardboard, thin wood, and tarpaulins.
3. Regulate the Placement of Signs
Where can political signs be placed? The permissible placement of political signs depends on the HOA, and it is certainly something boards should regulate.
Consider allowing signs in select areas, such as yards, lawns, front porches, and windows. Places where HOAs typically don’t allow political signs include roofs, right-of-ways, roadways, sidewalks, and common areas.
4. Establish a Time Frame for Posting
When it comes to political yard sign rules, most HOAs establish a schedule. This guarantees that no signs remain posted well before or after the election season. Many communities only permit signs within a brief window, such as 45 days prior to an election and a week following its close.
5. Prohibit Obscenities or Offensive Wording
To avoid altercations and maintain peace, HOAs should prohibit owners from using obscene or offensive words in political signs. If any signs exhibit such language, the board may order the owner to remove them and even face a monetary penalty.
Frequently Asked Questions
Can an HOA prohibit political signs in common areas?
Yes, an HOA can prohibit homeowners from posting political signs in common areas. Common areas are communal spaces and belong to the HOA. As such, no single homeowner should have the power to control them. An HOA shouldn’t allow an owner to post a political sign in a common area or amenity, as this is a clear display of bias.
Can an HOA prohibit a political sign for a single candidate?
No, an HOA can’t prohibit political signs endorsing one candidate and then permit the same signs endorsing another candidate. Rules on political signs in HOAs should be enforced in a fair, uniform, and consistent manner.
Can HOA restrict political signs in Ohio?
Yes, an HOA in Ohio can generally restrict political signs. Homeowners and board members should check their HOA’s governing documents to understand the exact power their association holds over political signs.
Can HOA restrict political signs in Florida?
Yes, an HOA in Florida can generally restrict political signs. Homeowners and board members should check their HOA’s governing documents to understand the exact power their association holds over political signs.
Can an HOA restrict political signs in Tennessee?
In Tennessee, an HOA can’t restrict the display of political signs and posters on private property (Tennessee Code Section 2-7-143). However, an HOA may enforce reasonable rules concerning the size and placement of these signs.
Navigating Your HOA and Political Signs
It is important to recognize the delicate balance between community uniformity and residents’ right to express political views. Ultimately, though, the authority to ban signs hinges on state laws and governing documents. Understanding both will help HOAs and boards mitigate the risk of liability.
If you need help regulating political signs in HOAs, consider an HOA management company like Elite Management Services. Call us today at (855) 238-8488 or contact us online to get a free proposal!
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