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TamaraW (Ohio)
Posts: 193
Posted:
We currently have some residents that want to put up political signs. Our bylaws on this sort of confuse me as they seem to double talk themselves......imagine that. Under signs it says no signs except on common grounds stating use of common property with Board Approval. Under Architectural Control it states the BOD has complete control over what we allow and do not allow to be put in yards.

My question is this - can the Board allow political signs under the Architectural Control clause or do we need to change our R&R's?

What accomodations/changes have you all installed to allow your association to celebrate during this very exciting election season, and past ones as well?

We allow football flags to fly during the football season and the BOD would like to see neighbors be able to root on their political team.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Re: political signs.

You can say No.

You can say Yes

You can say Yes, with placement, structured time guidelines and size restrictions.

You can do nothing.

Your board has the power. What do they think?
TamaraW (Ohio)
Posts: 193
Posted:
Because we had a complaint, we took a vote and decided it was a seasonal decoration. We want to allow them, however I am unsure if we need to state that in our R&R's. We currently do not have that stated.
JeanneK3 (Maryland)
Posts: 562
Posted:
I believe the Board can just allow them and also have size and placement restrictions. Maryland law states political signs must be allowed 30 days before and 10 days after any election. This would probably work for you as well.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Tamara,

FYI, following is the AZ state law. You may want to use this as a guide for developing a rule for your assn:

C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs earlier than forty-five days before the day of an election and later than seven days after an election day. An association may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign with the maximum dimensions of twenty-four inches by twenty-four inches on a member's property. For the purposes of this paragraph, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.

DwightT (Idaho)
Posts: 664
Posted:
You might want to go read this recent thread on Election Signs. It's not a simple topic. From what you have posted, I think your board can allow them. But if you do allow political signs, you may then have a hard time restricting other types of signs.

It may of course vary from state to state and even judge to judge, but courts have ruled that time-based restrictions are not allowed, nor are limits on the number of signs. On the other hand, the courts have allowed HOAs to enforce complete restrictions on all signs if the restrictions are not based on content: you can't allow political signs but ban religious or business signs.

In my HOA the restriction is crystal clear: no signs of any kind are allowed to be posted with the single exception of one "For Sale" sign in the yard of the property being sold. Since that restriction has always been in the documents, homeowners knowingly accepted that restriction when they purchased property in our neighborhood.
TamaraW (Ohio)
Posts: 193
Posted:
Sorry to bring an old subject up in a new thread. Thanks Dwight, I will read that thread.

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