Political yard signs are a contentious topic within homeowners associations. Residents argue that the First Amendment should protect their free speech. Meanwhile, HOAs say they can impose restrictions on external property and aesthetics. Do HOAs have the right to ban political lawn signs? What rules can they enact?
Can the HOA Ban Political Yard Signs?
Planned communities often have strict rules about what homeowners can and cannot do with their property. They’re incredibly meticulous about the frontage of each unit owner’s property. After all, having a cohesive community aesthetic contributes to high property values and attracts more homeowners.
Is the board allowed to forbid political posters in HOA communities? Isn’t this a right protected by the First Amendment? It depends on two things: state law and the governing documents.
State Law
Some states protect homeowners’ rights to post political signs—including posters, flyers, and banners—around their properties. However, these regulations may also indicate what reasonable restrictions HOAs can impose on signage. Thus, homeowners should review local and state laws to understand what they can and cannot do.
According to Texas law, property owners’ associations cannot prohibit political yard signs within 90 days before and within 10 days after the election. This means that the HOA may prohibit homeowners from posting anything related to elections outside of election season.
The law also states that HOAs may place reasonable restrictions on how the campaign signs must be displayed. For example, associations may allow only ground-mounted signs or limit the number of signs per homeowner.
Governing Documents
Homeowners associations may have written restrictions and architectural guidelines to preserve the community’s aesthetics. This includes rules regarding political signs on homeowner property. Residents within the community agree to abide by these rules the moment they purchase their homes.
Reviewing the governing documents to verify what homeowners can and cannot do is essential. The HOA has a right to enforce its rules and penalize violators if its restrictions do not go against the law.
Board members should also carefully review the governing documents before enacting any policies. If the HOA enforces a rule it doesn’t have the right to, the homeowners may hold the association liable. The residents could scrutinize the legitimacy of the rules and the board’s enforcement authority.
What About the First Amendment?
Homeowners often bring up the First Amendment when discussing political signs. However, while the First Amendment protects free speech, it doesn’t always apply to political yard signs in planned neighborhoods. The Supreme Court has often supported HOA rules regarding political sign rules.
It’s crucial to remember that HOAs are private organizations. Homeowners sign a contract with the association the moment they buy a house. They consent to the HOA’s rules and regulations, including those involving political signage.
What Political Yard Sign Rules Can HOAs Implement?
Homeowners associations often impose restrictions on what homeowners can do with political signs. Here are some of the most common ones you might find:
1. Number and Placement of Signs
HOAs may limit the number of political signs a homeowner can put up to prevent overcrowding. They may also require homeowners to place signs strategically or use ground-mounted signs instead of wall-mounted ones. This allows the community to look uncluttered and presentable while preserving the residents’ freedom.
2. Sign Sizes
Homeowners may sometimes install large signages on their property to show support. This can make the home look unsightly and deter potential buyers. Oversized signs can also pose a safety hazard or block pathways. HOAs may regulate the maximum size of a political sign to prevent this from happening.
3. Sign Materials
HOAs may restrict the type of material signs they can make. For example, HOAs may ban signs made of greenery, balloons, lights, or paving materials. They might even restrict the allowable materials to things like tarps, plywood, and cardboard. HOAs may also allow the posting of flyers and posters within homeowner property.
4. Time Frame
HOAs may implement a schedule to regulate when homeowners can and cannot post political signs. As long as the rules do not go against state law, residents must follow the schedule laid out by the association.
5. Obscenity
HOAs may prohibit homeowners from using offensive or obscene language in political signs. They may also ban explicit imagery to preserve peace and curb appeal. The HOA board may even impose monetary penalties on violators.
What are the Consequences of Prohibiting Political Signs?
Homeowners associations may be able to ban political signs outside of election season. However, restrictive rules do come with several caveats. First, homeowners may not like the fact that they cannot express their political viewpoints on private property. Politically active residents, in particular, will want to show their support for their favored candidates.
HOA board members should be prepared to handle these complaints before implementing these rules. The board may also consult the homeowners before enacting policies that residents might feel infringe on their rights.
Secondly, if an HOA implements rules that are outside the law or the governing documents, the homeowners may hold the association liable. This could lead to a dispute or even a lawsuit.
What if the HOA Does Not Have Rules Against Political Signs?
The governing documents may sometimes need to be more vocal regarding political campaign signs. Nevertheless, homeowners still have free rein over what they can display on their front yards. It’s still wise to consult the HOA manager or board of directors before posting anything. Otherwise, homeowners may unknowingly violate the rules and incur penalties.
If the community truly doesn’t have clear guidelines, though, it may be best to work with the board to implement guidelines. The community can work together to figure out what should and should not be allowed to preserve property values and foster better harmony within the neighborhood.
Can Homeowners Change the Rules on Political Signs?
HOA rules are not always permanent. The community can even amend the governing documents so long as the new rules remain compliant with state law. If homeowners want to change the rules on political signs, they can do so by gathering support from the community and raising their concerns with the board.
Alternatively, passionate homeowners may even run for board positions during the next election. This will allow them more freedom to make rule changes and even propose amendments to the restrictive covenants.
Frequently Asked Questions
Can HOAs Ask Homeowners to Take Down Political Signs?
Yes, HOAs may do so if the sign violates the law or the governing documents. Homeowners should comply with the HOA’s request to take down a political sign. If the request seems unreasonable, homeowners should review state law and the governing documents to verify the rules. Once verified, they may calmly contact the board to resolve the issue.
Can HOAs Prohibit Signs for a Political Candidate?
No, homeowners associations cannot endorse or show bias against political candidates. All rules must be enforced fairly and uniformly.
Can HOAs Ban Political Signs in the Common Areas?
Yes, HOAs can ban political signs, flyers, and posters in common areas. The HOA typically owns the common areas and is responsible for its upkeep and oversight. Homeowners do not have the authority to control the common areas.
The Bottom Line
HOAs often implement aesthetic guidelines to preserve curb appeal, including regulations on political yard signs. However, HOA rules should follow state law, and the board should only enforce policies permitted within the governing documents.
Landmark Community Management provides extensive HOA management services to communities around Texas. Reach out to us online or dial (512) 569-5527 for more information!
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