Political Signs in PA

Our CC&R has a sign restriction that reads:

"Signs. Without the prior written consent of the Neighborhood Association
Executive Board, no sign of any kind shall be displayed in public view within any Residential Unit
including on the Neighborhood Residential Building Lot component thereof, except one (1) sign
of not more than five (5) square feet, advertising the property for sale or rent (but no such signs
shall be displayed prior to such time as the Neighborhood Land Developer Declarant has conveyed
the final Residential Unit owned by it in the ordinary course of business), small non-illuminated
signs identifying the Residential Unit Owners or signs used by an Offeror-Builder Declarant to
advertise Residential Units owned by it and within which it is building and offering for sale,
together with an appurtenant Neighborhood Residential Dwelling Building Lot, to the public
during the Offeror-Builder Declarant's construction and sales period shall be permitted. In all
instances, any signs permitted as aforesaid must also be in compliance with any applicable law. "

Recently our board sent out a new document that reads:

“These regulations augment requirements to those already stated in …. Governing Documents. … Without the prior written consent of the Neighborhood Association Executive Board, no sign of any kind shall be displayed in public view within any Residential Unit including on the Neighborhood Residential Building Lot except:
1. One (1) sign of not more than five (5) square feet, advertising the property for sale or rent
2. One (1) small non-illuminated sign identifying the Residential Unit Owners
3. One (1) political sign of not more than five (5) square feet displayed in the unit’s windows only. The sign may be displayed no more than six (6) weeks before the upcoming, local, state or national election. And the sign must be removed no later than three (3) days after the local, state or national election has taken place.
4. One (1) security sign of not more than one (1) square foot
5. One (1) pet sign of not more than one (1) square foot
In all instances, any signs permitted as aforesaid must also be in compliance with any applicable law and must not be offensive in nature”

Political Speech is not a protected right in PA HOAs as homeowners agreed to the restrictions when they purchased their home.

It’s my thinking that by allowing political signs (in recent document) it’s effectively a material change in the governing documents done without required homeowner approval.

Appreciate thoughts on this.

Thanks,

Sarah

SarahT2,

-- From my quick check, I agree that Pennsylvania law allows HOA covenants to prohibit and/or regulate political signs.

-- Importantly IMO, the CC&R does start with "Signs. Without the prior written consent of the [Board]... "

-- Nationwide wording like this gives the Board some discretion as to what signs it will approve. From my reading, the courts say that, as long as the Board exercises this discretion "reasonably," then the discretion does not violate the covenants.

-- I hear you that the covenant speaks at length of the signs that are allowed, regardless of what the board says. But IMO this is not to the exclusion of other signs that the board may allow.

-- To me, this leaves the question of the "reasonableness" of the board's decision to allow certain political signs and a few other categories of signs.

-- I cannot put my finger on anything that says these signs are unreasonable. Political signs in particular may be a bad idea. But unreasonable? This would be for a court to say. I say, "not unreasonable." Though I would never support this new rule. My goal recently became to try constantly to be a-political.

-- I think everyone agreed to the covenants and knew in advance that the board could approve certain signs going beyond the express types of signs listed (as long as the board was reasonable about this approval). To me, the new rules do not represent some kind of de facto attempt to amend without owner consent.

-- If you want the rule changed, see whether the governing documents offer other options. E.g. replacing the directors at the next election with those who feel as you do.

FWIW, I wish everyone would present their issues the way you have. Your first post is well written IMO.

I see no issue with the Board's decision to allow political signs. The first sentence gives the Board the written authority to allow other signs. End of discussion.