Few things divide a community the way politics do, and considering 2024 is a U.S. presidential election year, HOAs might already be thinking about strategies to minimize conflicts between neighbors.
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Signage policies, and in this specific case, political yard sign policies, can help to ease tensions within homeowners associations as they provide clear instructions to members as to how they can use signs to show their support while still respecting others in the community.
While political preferences may differ within the development, rules are the same for everyone.
Table of contents
- Can HOAs prevent owners from displaying political signs?
- Aren’t HOAs interfering with freedom of speech?
- Objective of a signage policy
- Points to consider when creating a policy for political signs
- Making sure everyone knows the rules
Can HOAs prevent owners from displaying political signs?
While it may come as a surprise, HOAs may have the authority to ban political signs completely, depending on where they are located. Virginia, Kansas and Pennsylvania permit HOAs in those states to outlaw the display of political signs. However, they do have the option to let owners put political signs on their lawns if they choose to do so.
Conversely, states like New Jersey, Texas, California and Arizona, have laws that prohibit HOAs from banning political signs. Associations can instead regulate political signs, including where owners can display them and how many they can have on their property at one time.
State and local laws eclipse governing documents, so always check them first if your association needs to create or amend a policy.
By restricting political signs, aren’t HOAs interfering with freedom of speech?
Some owners may feel like their First Amendment rights are being jeopardized when associations create rules that place limits on political signs.
But the First Amendment limits federal, state, and local governments from doing things that restrain freedom of speech. HOAs are not a part of the government. They are considered private entities, even though they are non-profit organizations in most cases. Therefore, the First Amendment, by itself, does not apply to your HOA when it comes to restricting political signs.
Furthermore, limits or bans on political signs were probably in place before owners purchased their homes. As a party to a binding agreement with the HOA, they agreed to adhere to the rules and regulations imposed by the association, including rules about signs.
Objective of a signage policy
Policies that address political yard signs may seem tedious and overbearing. But since political matters can create real conflict within neighborhoods, associations cannot simply stand back and watch owners engage in sign wars.
By adopting a policy, the HOA aims to create a balance between individual (and sometimes incompatible) interests.
Points to consider when creating a policy for political signs
Below are some items to include when creating a political signage policy. Note that since political signs can come in the form of a flag, HOAs should address flags in a combined or separate policy.
Messaging
Owners must ensure that all images and copy on the signs are free of offensive language and explicit imagery. Official lawn signs offered by the candidate’s campaign are almost always safe choices. Associations may ask that signs only come from the candidate’s campaign. The signs may include the candidate’s name, slogan, and the position for which they hope to win.
Design standards
Associations are encouraged to incorporate some rules about the aesthetics of political signs. Handwritten posters, and signs accompanied by music or flashing lights could be considered violations of signage regulations. Again, requiring owners to obtain official campaign signs reduces potential signage issues.
Size
Signs that are too large can be disruptive and potentially dangerous if a big gust of wind hits the community. Having a rule about appropriate sign dimensions will prevent this from becoming an issue before it happens.
Quantity
The association may determine that one sign per home is enough. Whatever number the board decides on, just make sure there is a cap on how many signs are allowed. Without a limit, you can guarantee that there will be at least one individual who decorates their lawn with dozens of signs to demonstrate their support.
Location
Front lawns, balconies and windows are generally considered reasonable places to display political signs, provided governing documents don’t say otherwise. Roofs and sides of homes are less acceptable.
Cars can present some uncertainty for HOAs. While less common, there have been instances where an owner puts a political sticker on their bumper, or places a political sign in their car window. Successful arguments were made for and against using vehicles for political expression. Some said associations could not regulate what owners put on their cars if they were not commercial vehicles, while others asserted that the same political signage rules apply to personal vehicles as they do to properties within the association. To avoid confusion and ambiguity, HOAs should address vehicles and political signs somewhere in the policy.
Common areas are neutral zones and should be treated as such. Common areas include lobbies, business centers, gyms, laundry rooms, clubhouses, and any other shared spaces.
Common areas are maintained by the association, meaning every member pays the maintenance costs. These spaces belong to everyone in the development, and it would be unfair to allow individuals to express personal views or opinions in a community-owned area.
Civic engagement postings on bulletin boards may be allowed if they are not advocating for a specific party or cause. For example, posting a sign that encourages members to vote could be permitted.
Duration of time
Much like seasonal decorations, you don’t want election signs hanging around weeks after the event has passed. Set a reasonable timeframe for how long signs can be displayed before an election date, and how long they have after the election to remove them.
Making sure everyone knows the rules
Like any covenant, bylaw or rule, HOA owners must know about the association’s political yard sign policies in order to properly comply with them.
Boards and managers are encouraged to use multiple communication channels to share important information, including governing documents, forms and policies. Depending on the resources available to the HOA, management could use two or more of the following options to distribute a political signage policy:
- Digital announcements
- An HOA website
- Text messages
- Physical mail
- Bulletin board
Select the options that align with your community’s preferences. By sharing the news using two or three different methods, you increase the number of owners who will see and read the policy.
If you use an HOA management software, you can even add a copy of the most up-to-date policy in the File Library where any owner can view the document at their convenience.
Since elections don’t occur often, it may be helpful to share and/or update the policy every year there is a U.S. presidential election.
Conclusion
The majority of HOAs see the importance of giving owners the ability to express their political support. Creating a political signage policy can help associations maintain peace by establishing limits and boundaries without stifling political expression.
