HOA Rules: Which Political Signs Can You Regulate?
July 2008
It's election time, and this one sure is a barnburner. There were record numbers of voters in many states' presidential primaries in 2008, and experts say there could be equally high turnout in November if the excitement surrounding the presidential race doesn't subside. That, however, may create tensions in your homeowners association. While a campaign-issued two-foot by two-foot Barack Obama or John McCain sign might look just fine on owners' lawns, would you feel as comfortable with a 10-foot by 10-foot sign? What if the sign promoted a White supremacist running for local office? How about a homemade sign that strongly, but perhaps in bad taste, advocated the removal of troops in Iraq—in plain view of neighboring families of soldiers currently serving? The answer may be a rule banning political signs in your association. Before you enact such a rule, however, make sure you know whether your state permits you to do so and understand the Pandora's box you may be opening. While government entities can't restrict political speech on private property, homeowner associations are based on contractual agreements among owners to abide by common rules. Therefore, associations aren't bound by rules preventing governments from placing restrictions on political displays. They are, however, governed by their state's law. In New Jersey, such bans are permitted. In the 2007 case of Committee for a Better Twin Rivers v. Twin Rivers Homeowners Assocication, the New Jersey Supreme Court held that associations could place reasonable limitations on political speech. Twin Rivers had limited signs to one per lawn and one per window and banned the posting of signs on utility poles and natural features within the community. The court found those limitations reasonable. On the other hand, since 2005 Texas law has prohibited associations from adopting or enforcing rules that prohibit owners from displaying political signs advertising a candidate or ballot initiative on their own property. The law covers the period from 90 days before an election to 10 days after. If a Texas association's governing documents don't ban political signs but only restrict how they're presented (in the ground or in a window) and their number, the association is probably on solid legal ground. Washington also prevents associations from barring political speech. According to Washington statute, an association's governing documents can't prohibit the outdoor display of political yard signs by owners or residents on their own property before a primary or general election. However, Washington does allow reasonable regulations on the placement and manner of political sign displays. Once you've checked your state law, remember that even if it allows associations to ban or regulate political signs, you may run into difficulties enforcing your rules. A McCain for President sign plainly fits the definition of a political sign, but it's arguable whether a peace sign is political. Case in point: In December 2006, a homeowners association in Pagosa Springs, Colo., asked a resident to remove a wreath shaped like a peace sign from her property. The association backed down after negative publicity, but the example highlights the fact that it's hard to decipher what signs even fit the definition of political. Finally, what's your recourse if residents flout your rules? Unless your governing documents permit it, you can't enter their private property to remove signs. Even if you can, however, consider whether you're making a mountain out of a molehill by being so aggressive. It may be better and more neighborly to process the violation through your current compliance system. But by the time that's done, the election may have come and gone.
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