Political Signs in HOAs – What About the 1st Amendment?

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As we look ahead to November this election season, HOA Management (.com) has decided to shed some light on a hot topic in the HOA community. Now is the time when political signs start popping up in the yards and windows of many homeowners. If you own a home in a community association institute such as an HOA, this could be a source of contention between you and your association. It is certainly a touchy subject in parts of the HOA world today.
That is because many homeowners and condo associations have placed restrictions on the placement of signs on private property management, including political signs. But just what is legal for an association to limit? Can an HOA really stifle your First Amendment rights and prevent you from displaying a political sign?
The answer is … maybe. The United States Supreme Court has decided that a sign is a form of expression that is protected by the First Amendment. The problem is that the Free Speech Clause of the First Amendment pertains to a government entity’s attempts to limit free speech. Because a community association is based upon contractual agreements among its owners, it constitutes a private entity, and therefore is not necessarily subjected to this clause. To complicate things further, state laws affecting this issue vary by location.
States like New Jersey and Massachusetts have ruled in favor of homeowners. New Jersey found a statute in its state constitution that banned oppression from private entities as well as government. Massachusetts ruled that because HOA’s are subject to state statutes, their actions against signs constitute state action, making it illegal for a Massachusetts HOA to prohibit signs. Other states including Arizona, California, Nevada, Ohio, Wisconsin, and Delaware have also sided in favor of homeowners.
Meanwhile, states like Kansas and Pennsylvania have ruled that community associations in those states were within their jurisdiction as private entities to restrict the placement of political signs. What it boils down to is that if an HOA’s governing documents restricts the use of signs, they may have the authority to prohibit political signs.
Before your association sets sign restrictions in place or attempts to assess fines against a homeowner for the placement of a sign, it would be a good idea to consult with your HOA attorney. The HOA Management (.com) directory contains several professional law firms with extensive HOA experience. We would encourage you to conduct a search on our website to find a qualified local HOA attorney.
This article is provided by HOA Management (.com).