Political signs and flags in HOA-managed communities often lead to conflicts, fines, and legal disputes.
At a Glance
- HOAs can regulate political signage within their communities to preserve aesthetics and property values.
- State and local laws impact what HOAs can enforce regarding political signage.
- Governing documents detail specific rules for size, number, and duration of political signs.
- Numerous court cases support HOAs’ rights to impose reasonable restrictions on political signage.
The Authority of HOAs Over Political Signage
Homeowners Associations (HOAs) have the authority to regulate political signs to maintain community aesthetics and property values. This power is derived from the governing documents and bylaws agreed upon by residents. These documents typically outline specifics such as the size, number, duration, manner, and location of political signage residents are allowed to display.
Putting political signs and flags on your yard could backfire with HOA, neighbors and more https://t.co/08h7QBHifO pic.twitter.com/MU0remIfkw
— New York Post (@nypost) August 30, 2024
In some states, such as Texas and Arizona, HOAs can regulate but not prohibit political signs. Conversely, other states like Kansas and Pennsylvania allow HOAs to prohibit political signs completely. This variation creates a patchwork of rules that homeowners must navigate depending on their location.
Legal Backing and Court Cases
HOAs are backed by legal precedents when enforcing rules about political signage. The First Amendment does not protect political signs in these communities because HOAs are private entities, not government bodies. Courts generally support HOAs as long as restrictions are reasonable, content-neutral, and serve significant interests like public safety or community aesthetics.
In landmark cases such as Burson v. Freeman (1992) and Reed et al. v. Town of Gilbert, Arizona et al. (2015), the Supreme Court upheld that displaying signs is considered “core political speech,” protected by the highest level of First Amendment protection. However, HOAs, being private entities, navigate a different set of legal expectations.
Understanding the delicate balance between regulating aesthetics and respecting free speech, many HOAs adopt policies to both limit the visual noise within communities and allow political expression within set boundaries.
Front lawns, balconies, and windows are common places for political signs unless the governing documents state otherwise. Ensuring that rules are enforced fairly and consistently is critical to maintaining harmony in the community.
Navigating Community Tensions
Political signage often sparks tensions in communities, especially during election seasons. Disputes can arise not only between residents and the HOA but also among neighbors with differing political views. This can create an atmosphere of division, undermining the sense of community and mutual respect.
Homeowners must review their HOA governing documents and state laws to understand their rights and obligations regarding political signage. Additionally, amending these documents often requires a significant vote by association members, adding another layer to the legal complexities.
For those facing conflicts, it is advised to consult with a community association attorney or HOA management company for guidance on how to proceed without exacerbating tensions or breaking the rules.
