Community associations should carefully draft rules that restrict the display of political signs on private lots. The United States and state constitutions give individuals a right to freedom of speech. While associations are not governmental entities and people have the freedom to enter into contractual relations, courts generally allow individuals to challenge outright prohibitions on posting signs.

            In recent years, court decisions and state statutes have given individuals broader rights to post signs on their property. Associations may regulate sign posting as long as these restrictions are reasonable. Rules are reasonable if they are content neutral – they do not limit what a sign can or cannot say. Content neutral constraints focus on regulating the manner in which the sign may be posted: the size, location, time of display, and number of signs. Even if associations only regulate the manner of placing signs, they should enforce such rules reasonably. Give friendly warnings for violations and do not physically remove signs to avoid spurring animosity among owners.

            As an attorney for the association, you should consider the federal and state constitutions, as well as statutes and local regulations, when drafting rules limiting the display of signs. To avoid litigation, don’t prohibit political signs outright, but reasonably limit the manner in which such signs may be posted. Remind the owners of the rules around election times and enforce restrictions in a way that encourages compliance rather than litigation. The community is likely to be more attractive to association residents when it effectively balances individual constitutional rights with property values. 

            This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.