Display of Political Signs Legislation

HB 1085 is up for a second reading and vote today in the Indiana General Assembly. It has been approved by committee.

The bill prohibits homeowners associations from prohibiting political signs on private property 30 days before an election and 5 days following an election. It does allow the association to restrict size, location not on private property, and number.

It also permits a homeowners association to remove a sign that in violation of the law and association rules.

You can read the bill as it came out of committee at http://www.in.gov/legislative/bills/2009/HB/HB1085.1.html

George,

Sounds good! Here is AZ statute on political signs. You may find something to add to yours -- note ours gives the size of a political sign. This statute only applies to planned communities; there is no similiar condo statute.

33-1808. Flag display; political signs; caution signs; for sale signs; political petitions

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 subsection, "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.

Indiana is relatively new to HOAs. What is prompting this legislation? It appears the legislation has not been researched or given much thought.

Kirk,

Good point! Legislators really like to use "reasonable"! Thank goodness the AZ statute applying to political signs was one piece of legislation that was spared. Note our statute allows the HOA to regulate based upon local city/county regulations, if there aren't any they must allow at least one.

Kirk,

You stated: "But I (honestly) don't know what constitutes reasonable." And, IMO, therein lies the problem with use of that term. One can only guess what "reasonable" is and it never fails that, in many instances, the BOD will have a different opinion than the members do!!

Another sign regulation approach has been added to HB 1071, now in the Indiana Senate Judiciary Committee, having passed the House.

Sec. 12. If the governing documents contain a provision concerning the display of yard signs in a subdivision, the provision may not be more restrictive than any applicable local ordinance concerning the display of:
(1) politically related yard signs; or
(2) yard signs concerning the sale of real property.

I think this is a more sensible approach, leaving regulation of political (and real estate) signs up to the local municipality. Should HB 1071 pass, it will eliminate the need for HB 1085.