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Political signs in Texas

Started by BillD16 • 25 replies • 536 views

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BillD16 (Texas)
Posts: 971
Posted:
I know that signs / political signs come up a lot here. I've searched HOATalk but I can't find anything on point.

So - I'm in Texas{1}. Our (29yo) CCRs prohibit all signs except for sale signs.

Texas Election Code (from 2005) says:

Sec. 259.002. REGULATION OF DISPLAY OF POLITICAL SIGNS BY PROPERTY OWNERS' ASSOCIATION.
(a) In this section, "property owners' association" has the meaning assigned by Section 202.001, Property Code.
(b) Except as otherwise provided by this section, a property owners' association may not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner's property one or more signs advertising a candidate or measure for an election:
(1) on or after the 90th day before the date of the election to which the sign relates; or
(2) before the 10th day after that election date.
(c) This section does not prohibit the enforcement or adoption of a covenant that:
(1) requires a sign to be ground-mounted; or
(2) limits a property owner to displaying only one sign for each candidate or measure.


So the upcoming election is approx 130 days away.

259.002 says the HOA can adopt a restrictive covenant to limit signs to 90 days before / 10 days after an election. But we don't currently have anything in our CCRs or Bylaws that explicitly does that.

My take is: residents can currently pretty much do whatever they want with political signs, at least until my HOA decides to adopt a covenant limiting signs to that 90 day / 10 day window.

I suspect that I'll encounter people who will disagree and say that the 90 day / 10 day window applies (I guess essentially because the intersection of our CCRs with 259.002 is the 90 day / 10 day window).

Thoughts? I'd just like to know the "right" answer.

Thanks!

BillD

{1}
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
SheliaH (Indiana)
Posts: 6,964
Posted:
If your community is 29 years old, do you know if this statute applies to all HOAs regardless of when they were established off those after a certain date? That's how our HOA statute is written, although there are a few areas that woolly to all of them. Otherwise, communities established before 2009 could vote on whether wanted to be governed by the law.

Based on what I read, it would appear the signs could go up as you say, but you'd be ok with requiring where they could be placed - e.g. a sign on the lawn can't exceed a specific size or create a traffic hazard. And you could probably limit the number of signs to obe, may be two (one on the lawn, another in the window) because you don't want the house to look like a polling place. You might also prohibit them from being placed in the common area for the same reason.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LisaB21 (Texas)
Posts: 97
Posted:
Just follow the cited section of Texas Property Code - political signs are allowed and can not be disallowed by HOA for 90 days prior to and 10 days after an election. Once past 10 days after the election you can cite the signage as a deed restriction violation just like any other following your DR violation policies and notices. You can adopt an amendment to your documents if you want, but it is not necessary since Texas Property Code supersedes anything in your HOA documents.
BillD16 (Texas)
Posts: 971
Posted:
I may not be expressing myself very well here, sorry. I have a neighbor who already has a political sign up in their front yard for an election 130 days in the future.

Is this a violation? I think not - because we do not have a current CCR restriction that specifies a 90 / 10 day window.

Or am I reading it wrong?

BillD
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
LisaB21 (Texas)
Posts: 97
Posted:
you can choose to cite it based on the Texas Property Code since your bound to them with or without them in your CCRs. But by the time you do all the citing and back and forth, the 90 day window will be here and it will be a worthless conversation. Might not be a battle you want to spend time on. But it is a good opportunity to let everyone in the community know via newsletter, website, email blast, what ever method is most effective, that the political signs are allowed up to 90 days prior to an election, and must be removed by 10 days after the election or it become a violation. Most people are not aware of the Texas Property Code info and its a good time to put it out there so next time you can say they were notified.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Keep in mind there are primaries and special elections as well as the national election in November.
Therefore, know your dates (as it varies by State).
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By LisaB21 on 06/30/2022 3:42 PM
you can choose to cite it based on the Texas Property Code since your bound to them with or without them in your CCRs. But by the time you do all the citing and back and forth, the 90 day window will be here and it will be a worthless conversation. Might not be a battle you want to spend time on. But it is a good opportunity to let everyone in the community know via newsletter, website, email blast, what ever method is most effective, that the political signs are allowed up to 90 days prior to an election, and must be removed by 10 days after the election or it become a violation. Most people are not aware of the Texas Property Code info and its a good time to put it out there so next time you can say they were notified.

I’m sorry … are you actually referring to something that’s in the Texas Property Code? If so, what?

BillD
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
MarkR21 (North Carolina)
Posts: 710
Posted:
Always allow free speech. The founding fathers would be turning in their graves if they knew hoas were trying to limit free speech. Be a patriot and don’t enforce Putin communist crap rules
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By LisaB21 on 06/30/2022 3:42 PM
you can choose to cite it based on the Texas Property Code since your bound to them with or without them in your CCRs. But by the time you do all the citing and back and forth, the 90 day window will be here and it will be a worthless conversation. Might not be a battle you want to spend time on. But it is a good opportunity to let everyone in the community know via newsletter, website, email blast, what ever method is most effective, that the political signs are allowed up to 90 days prior to an election, and must be removed by 10 days after the election or it become a violation. Most people are not aware of the Texas Property Code info and its a good time to put it out there so next time you can say they were notified.

OH! That's interesting:

REGULATION OF DISPLAY OF POLITICAL SIGNS (259.002)
SECTION 3. Section 202.009, Property Code, is transferred to Chapter 259, Election Code, as added by this Act, redesignated as Section 259.002, Election Code, and amended to read as follows: ...

This code has changed location - it's no longer part of the the Texas Property Code. I'd quoted the Election Code in my original query - I couldn't figure out what you were talking about with the Texas Property Code.

FWIW, I've become convinced that my HOA can't currently do anything about political signs. They can attempt to control signs in the future, by attempting to add something to the CCRs that limits signs to the 90 / 10 day window referenced in 259.002. But 259.002 does not by itself enforce a limit on homeowners' political signs. It just defines the 'metes and bounds' of the rules an HOA can attempt to establish.{1}

As law goes, it's a neat little piece of work.

BillD

{1} I'd be happy to hear from anyone who disagrees with this.
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
KerryL1 (California)
Posts: 14,550
Posted:
Do your C&Rs say anything whatsoever about any kinds of signs whatsoever? If so, please cite.
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By KerryL1 on 07/01/2022 5:32 PM
Do your C&Rs say anything whatsoever about any kinds of signs whatsoever? If so, please cite.

(Paraphrased): “… no sign of any kind except a) builders may display one sign not more than 6 square feet to advertise “for sale”, b) owner may display one sign not more than 4. Square feet “for sale” or “for rent”, c) signs required for legal proceedings, d) permanent entrance signs by the Declarent.

BillD
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MarkR21 on 06/30/2022 4:39 PM
Always allow free speech. The founding fathers would be turning in their graves if they knew hoas were trying to limit free speech. Be a patriot and don’t enforce Putin communist crap rules

What's so communist about it? The law already says you can't prohibit signs at all. The general election is in November - how is it a violation of free speech if you have to wait until August to put up this sign? It's not that different from polling places that state campaign workers can't put up campaign materials inside, but they can distribute it outside the door. You can do two things at once, you know.

(which reminds me - you never did respond to Lori's comment in her conversation about a homeowner who hasn't paid assessments in nearly THREE years. you call it retribution but just what would YOU do if this happened in your community? Or do you think holding people to their LEGAL obligations they they chose to sign up for is a violation of free expression?)
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkR21 (North Carolina)
Posts: 710
Posted:
Quote:
Posted By SheliaH on 07/02/2022 11:05 AM
Posted By MarkR21 on 06/30/2022 4:39 PM
Always allow free speech. The founding fathers would be turning in their graves if they knew hoas were trying to limit free speech. Be a patriot and don’t enforce Putin communist crap rules


What's so communist about it? The law already says you can't prohibit signs at all. The general election is in November - how is it a violation of free speech if you have to wait until August to put up this sign? It's not that different from polling places that state campaign workers can't put up campaign materials inside, but they can distribute it outside the door. You can do two things at once, you know.

(which reminds me - you never did respond to Lori's comment in her conversation about a homeowner who hasn't paid assessments in nearly THREE years. you call it retribution but just what would YOU do if this happened in your community? Or do you think holding people to their LEGAL obligations they they chose to sign up for is a violation of free expression?)

Oh I don’t know I do something novel like following the rules instead of trying to bend the rules to harass and get revenge on someone too many people think Just because someone does something wrong they’re allowed to whack him with all you got
MarkR21 (North Carolina)
Posts: 710
Posted:
Justice delayed is justice denied.

Every person who thinks they can limit someone else is free speech deserves to go live in Russia you can say it’s only for this or only involves that but the fact of the matter is you’re nothing but a wannabe dictator
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MarkR21 on 07/02/2022 12:38 PM
Justice delayed is justice denied.

Every person who thinks they can limit someone else is free speech deserves to go live in Russia you can say it’s only for this or only involves that but the fact of the matter is you’re nothing but a wannabe dictator

Do you have any real advice or do you just like to rant?
TimB4 (Tennessee)
Posts: 21,059
Posted:
What many don't realize, and as others had tried to be point out earlier, the right to freedom of speech is only protected from the government (and even that is limited). Individuals may waive that right by entering into contracts. It happens all the time.

Open a social media account, purchase into an HOA/COA, enlist, or be commissioned, into the military - you will waive some of your freedom of speech rights. I suspect it's that way when you are hired by various companies as well.

MaxB4
Posts: 3,513
Posted:
Does anyone have a set of CCRs that specifically state the association can restrict your freedom of speech?
KerryL1 (California)
Posts: 14,550
Posted:
Our CC&Rs say we cannot have commercial signs in our condo windows unless they're realtor signs.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We can not have signs in our yards except for For Sale or For Rent. All other signs including "no parking" are not allowed. We don't allow vendors to put out their signs if they did work on the home. This rule eliminates the need to enforce any political or other type signs. Everyone knows the limitations and abides to it.

Funny should bring this up. There is a house in another nearby city that there is a guy with a huge banner tied across trees supporting "Trump". He's got Biden Sucks signs and Trump did not lose etc... Encourages people to honk. (Although do not hear anyone doing that). It's kind of sad and funny at the same time. He does live across the local voting place. Honestly, no matter how you feel about a certain candidate this is waaaay over the line of reasonable. Pretty sure he's on an FBI watch list.

I am all for election signs for a candidate during election season. Just after please take them down... It looks like you can't deal with reality.
Former HOA President

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