With Election Day right around the corner more people are posting political signs in their yards. Regardless of yours or your neighbors’ political opinions, it’s necessary for your community to have rules and procedures around displaying political signage.
Most states/cities/counties have laws in place regarding the number and size of political signs people can post on private property, and your association should take advantage of them to manage political signs in your community. Here are four steps we encourage you to take before implementing any rules around political signs.
1. Research the laws of your city, county, and state
It is absolutely necessary that you take the time to research what your state, city or county allows in terms of size and number of signs posted on private property. Base your HOA rule around existing laws, and you’ll reduce the chance of having residents accuse the HOA of violating their First Amendment rights. With the law on your side, you’ll have fewer issues that escalate.
If you’re in Texas, take a look at Section 202.009 of the Texas Property Code. For our friends in Arizona, check the Arizona Revised Statute 33-1808. Both address an association’s legal right to regulate political signs.
2. Reference existing CC&Rs
Most CC&Rs include a section regulating signage, including political ones. Generally, associations have reasonable checks and balances, which allow residents some signs as long as they meet city/county code, the CC&Rs, and don’t distract from the appeal of the neighborhood. It’s necessary to look at what your CC&Rs say to ensure your enforcing the right rules and that, more importantly, the rules make sense for your community.
3. Set timeframes
Since election season has a clear end, most cities/counties outline a timeframe for when political signs need to be removed. For good reason, most CC&Rs also include a timeframe and homeowners should be respectful and remove signs once Election Day has passed. In addition to setting a date for when signs need to be removed, consider including guidelines for how long signs can be posted leading up to an election.
4. Handling requests for removal of political signs
Just like with all HOA issues, it’s important to work with residents in a respectful manner. Like we mentioned earlier, the last thing you need is for residents to accuse your board of violating their First Amendment rights. When someone is in violation, be civil and candid regarding the matter. Make sure they get a copy of the CC&Rs and help them understand the rules. And most importantly, make sure you enforce the rules equally and never take a sign down by force—regardless of your political opinions.
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In most cases, following and implementing these four steps will help your community avoid any drama around political signs. If, however, your board runs into a situation, remember it is your legal obligation to protect the community while still striving to be understanding. At the end of the day, the best way to handle all HOA issues, including political signs, is to establish good communication with residents. As long as people understand rules and see that others are being held to the same expectation, most people are easy to work with.
Hopefully these tips help your board manage political signage (and their removal) as we close in on the final days of this election season! Now, go out and vote!
