It is common to see political signs in yards in HOA communities, especially around the election season. However, homeowners may be surprised to find a letter in their mailbox asking them to remove their political signs. Many associations have rules that prohibit or restrict political signs, limiting how homeowners can advocate their beliefs and parties.
Displaying Political Signs in Yards in HOA Communities
Homeowners typically have free rein over their homes and properties. They can make any changes they wish, decorate how they like, and put up signs that they deem appropriate. Normally, homeowners would only need to comply with state and local laws. However, it’s a different story for homeowners living in HOA communities.
Homeowners associations are known for having rules on what residents can and can’t do. This even extends to architectural changes, holiday decorations, and political signs. Many associations prohibit or restrict owners from displaying political signs. When homeowners violate these rules, they can face fines and other consequences.
But, can an HOA even legally restrict political signs? Are homeowners obligated to remove these signs when asked? And is there a way to change these rules?
Is Banning Political Signs a Violation of the First Amendment?
Homeowners tend to bring up the First Amendment when their HOA asks them to remove political signs. However, the First Amendment does not really apply. Although the First Amendment does protect freedom of speech, it does not apply to HOAs that restrict political signs. Many courts have even consistently sided with HOAs when it comes to such rules.
Homeowners associations are private organizations. They are not government entities. As such, homeowners can’t use the First Amendment to combat political rules in HOA communities.
Can HOAs Ban Political Signs?
When it comes to HOAs banning political signs, there are two things to check: state laws and the governing documents.
In some states, HOAs are not legally allowed to prohibit homeowners from displaying political signs on their own property. A good example of this is California, under Civil Code Section 4710. However, in such states, HOAs can usually regulate political sign displays. Other states, though, don’t have such laws.
Apart from state law, it is important to check the HOA’s governing documents, particularly the CC&Rs. This document should tell homeowners whether or not they can display political signs. The CC&Rs should also indicate any specific restrictions when it comes to these signs. Many HOAs regulate the size, number, placement, and material of the signs.
Can HOA Restrict Political Yard Signs?
As with political sign bans, political sign restrictions in an HOA are subject to state laws and governing documents. Most states allow HOAs to regulate political signs. Associations do this to maintain the community’s appearance and character.
Homeowners should refer to their CC&Rs for any rules concerning political signs in yards in HOA. Violating these rules could result in penalties, both monetary and otherwise.
Can the HOA Restrict Political Signs for Certain Candidates?
Political sign rules in an HOA should be consistent and fair. An HOA cannot allow political signs endorsing one candidate and then prohibit them for another. This shows bias. If an HOA allows political sign displays, it should give homeowners the freedom to endorse whichever candidate they choose. Limiting signs to certain candidates can lead to legal problems for the HOA.
Common Political Yard Signs Rules in HOA
While political sign rules can vary from one association to another, they typically tackle the number, size, placement, materials, timeframe, and decency of the signs.
- Number of Signs. Many HOAs limit the number of signs a homeowner can display on their property. This minimizes overcrowding, which can lower the appeal of the home.
- Size of Signs. Associations also tend to restrict the size of political signs. This ensures that no sign is too big, which can cause problems with appearance, safety, and field of vision.
- Placement of Signs. An HOA may regulate the placement of signs, allowing them only in certain areas. Common placements include lawns, windows, and porches.
- Materials of Signs. It is normal for an HOA to restrict the type of materials used for political signs. An HOA might want to prohibit the use of roofing, paving, and LED lights.
- Timeframe of Display. Many HOAs only allow owners to display political signs a certain number of weeks/days before, during, and after an election.
- Decency of Signs. Rules usually prohibit signs from using offensive, obscene, or discriminatory language.
Political Signs in HOA Common Areas
It is common practice for an HOA to prohibit homeowners from displaying political signs in common areas. Common areas are shared spaces, so they should be a neutral environment for everyone. Because the HOA owns common areas, it is much easier to place a blanket prohibition on posting political signs in these spaces.
What if the HOA Does Not Have Rules on Political Signs?
If an HOA does not have rules on political signs in yards, homeowners should check with their board or HOA manager. It is possible that homeowners might have just missed the guidelines or changes to the guidelines. That said, if the governing documents are silent, then homeowners should be able to post political signs in their yards.
Board members should review their governing documents to see if there are already rules in place. If this is something an HOA wishes to regulate, it is best to amend the CC&Rs to include political sign rules. Board members should work with a lawyer and their community manager to come up with these rules. This helps ensure that rules are consistent with state and local laws as well as other HOA guidelines.
Can the Board Remove Political Signs in Yards in HOA?
If a homeowner goes against the political sign rules, the HOA board’s first course of action should be to talk to the homeowner. Send them a letter and ask them to remove the sign, referencing the guideline they have violated.
Homeowners are usually open to cooperating with the HOA. They might not have known about the rules. Therefore, the HOA board’s first instinct should not be to go on the offensive and remove the signs themselves.
Homeowners, on the other hand, should comply with the board’s request. If they have really gone against the rules, they should remedy the violation as soon as possible.
However, if a homeowner still refuses to remove the sign, the HOA board should not take matters into their own hands. Instead, the board should follow proper rule enforcement procedures. Typically, this involves sending a violation letter, conducting a disciplinary hearing, and imposing fines.
How to Change Rules on Political Signs in HOA
If homeowners don’t agree with their rules on political signs in yards in HOA, they can speak to the board or bring it up at a board meeting. Rules can change, and homeowners do have a voice. However, keep in mind that rules also serve a purpose. Rules help maintain harmony, curb appeal, and property values. In the end, these rules exist to protect the investments of homeowners.
A Two-Way Street
It can be difficult to navigate political signs in yards in HOA communities. Homeowners should understand the rules of their association before posting political signs. In turn, board members should be open to communicating with homeowners while protecting the best interest of the HOA.
Cedar Management Group provides expert HOA management services, including assistance with violation enforcement. Call us today at (877) 252-3327 or email us at help@mycmg.com to get started!
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