Election Signs and The Maryland HOA Act

I have posted a portion of the Maryland HOA Act which deals with election signs:

(here is the link to it in case what I paste here is not formatted properly: hxxp://www.reesbroome.com/associations/files/statutes/Maryland%20Homeowners%20Assoc%20Act.pdf)

My question: Lets assume an HOA's covenants state the somewhat standard "Only For-sale, or For-rent signs allowed" with no other references to signage. No rules or regs mentions signage either.

Clearly this act allows for homeowners to post candidate signs despite existing covenants. The part I am unclear about is section (C)(2) and (C)(3). My interpretation is that if the county or state makes no mention of how soon before and after an election takes place may a sign be up, the HOA may then have a regulation that adheres to the 30/7 day spec mentioned in (C)(3). Does my intepretation make sense?

Question 1:

So now lets say the county has a 60/10 (before/after) day rule on signs posted. Does that mean the HOA can inact a 30/7 rule/refulation?

Question 2:

Further, lets say the county/state has no rule on when a sign can be posted can an HOA simply force homeowners to abide by the 30/7 regulation without actually going through the process of creating a new rule/reg (which I realize is not difficult)?

For my particular situation, our county has stated that it no longer has restrictions on when a sign can be placed - it can be up 365 days a year (this was based on a Federal court order). To me that says that an HOA in this county can not enforce a regulation that deals with a specified time before and after an election that a sign can be up.

Even if my contention above is wrong, can an HOA by default apply the allowed for 30/7 day rule without ever incoporating it into its CCR's?

(Uggg sorry for the long winded post)

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§ 11B-111.2. Candidate or proposition sign.

(a) In general. -- In this section, “candidate sign” means a sign on behalf of a candidate for public office or a slate of candidates for public office.

(b) Exceptions. -- Except as provided in subsection (c) of this section, a recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may not restrict or prohibit the display of:

(1) A candidate sign; or

(2) A sign that advertises the support or defeat of any question submitted to thevoters in accordance with the Election Law Article.

(c) Restriction. -- A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may restrict the display of a candidate sign or a sign that advertises the support or defeat of any proposition:

(1) In the common areas;

(2) In accordance with provisions of federal, State, and local law; or

(3) If a limitation to the time period during which signs may be displayed is not specified by a law of the jurisdiction in which the homeowners association is located, to a time period not less than:

(i) 30 days before the primary election, general election, or vote on the proposition; and

(ii) 7 days after the primary election, general election, or vote on the proposition.

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Glen,

I really appreciate your response - thanks. I recognize it was a bit of a long read.

I agree with you, that a rule must be enacted before the 30/7 day stipulation can be enforced - IE the 30/7 day portion is not a "default" position that automatically applies.

This is the part that is confusing to me:

(2) In accordance with provisions of federal, State, and local law; or

(3) If a limitation to the time period during which signs may be displayed is not specified by a law of the jurisdiction in which the homeowners association is located, to a time period not less than:

(i) 30 days before the primary election, general election, or vote on the proposition; and

(ii) 7 days after the primary election, general election, or vote on the proposition.

The "or" at the end of section (2) is subtle but very important. To me that is saying that if a county does specify a time period that a sign can be up, the HOA is not entitled to creat a 30/7 rule. In our case the county specifies that a sign may be up 365 days per year. With that said, I do not see how our HOA can enact the 30/7 day rule

Thanks Jeanne. I saw your previous posts on the MD HOA act and was hoping you would chime in.

It is my understanding that there is no state law on when a sign can go up. In Baltimore County, there is a law that states a candidate sign may be placed 365 days a year.

My understanding of this act is that because the county specifies a rule on when signs can be placed, an HOA has no opportunity to create a 30/7 regulation. If the state and county are silent on when a sign can go up the act affords an HOA the right to create a 30/7 rule. Am I interpreting the act correctly?

Up until a challenge a few months ago B County had a 45 day rule. There was a Federal court order saying that elections are a continous event and it is a violation of one's rights to specify * time period b4 an election. Seems silly, but I sort of understanof understand. It really is not a big deal 99.5% of the time - but in rare cases, a homeowner could get carried away.

Mary - Thanks for your response. I was not aware of the fact that the HOA covenants could be more restrictive than county code. It does make sense, but I have a question. In this case our county specifies that 8 signs, no more than 8 sq ft each, may be displayed for 365 days a year. From what you said, what is stopping an HOA from saying that a sign can only be posted 2 hours before and 1 hous after an election, and the sign cannot be bigger than 3 sq inches?

Terry from my research, I can find no law that a sign may be up 365 days but rather the statute that limited the time a sign may be up was found to be void. Therefore the HOA would have the option of enacting a covenant to restrict the time a sign could be up.


Terry again while an HOA may have more restrictive Covenants they cannot violate the law. Which in this case allows: Signs in residential and all other zones may be no more than 8 square feet and no more than 8 feet high.

IMO In this case the HOA could not allow signs bigger than 8 square feet and no more than 8 feet high nor could they require less since it is permitted by law. The same would be true for the time limit which could be restricted to 30 days before and 7 days after by Covenant but no less.

http://www.baltimorecountymd.gov/News/releases/0518signs.html

Mary, thanks. Not sure if you realize it or not but I posted the same portion of the md hoa act at the top of this thread - I hope u did not spend time looking for this.

The thread got a bit sidetracked when one response mentioned that hoa rules could be more restrictive than county code. I realize state law would require the 30/7 rule as a minimum, but what about size restriction (since this is only specified by county code?) Are we agreeing that any hoa in md could circumvent the spirit of the md hoa act by saying signs must be a size so small that it would make no sense to put up? There must ber more to it, no?

Terry IMO no they cannot reduce the size allowed. The County allows signs up to 8 square feet and the HOA cannot require less.

Terry,

I disagree with Glenn's interpretation. Since the code says UP TO 8 sq ft, IMO, that means the sign can be smaller than 8 sq ft. If it were meant to mean it could not be smaller then the code would read: the sign shall be 8 sq ft -- period. And, frankly, I wouldn't want an 8' sign in my front yard! IMO, your BOD should really rethink their 3" sq rule -- you couldn't even get the name of the candidate and the office they're seeking on it. That size is just ridiculous!

Glen,

Agreed -- we can agree to disagree! BTW, you have apparently forgotten that I'm always right! LOL

Yes, I agree with you and I imagine the BOD will find out the hard way when they notice the wrong "offender".

Mary, while a HOA can limit the time a sign may be up, they need to do it properly, the 30/7 is not a default setting. It is allowed if:

(c) Restriction. – A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may restrict the display of a candidate sign or a sign that advertises the support or defeat of any proposition:
(1) In the common areas;
(2) In accordance with provisions of federal, State, and local law; or
(3) If a limitation to the time period during which signs may be displayed is not
specified by a law of the jurisdiction in which the homeowners association is located, to a
time period not less than:
(i) 30 days before the primary election, general election, or vote on the
proposition; and
(ii) 7 days after the primary election, general election, or vote on the proposition.

Glen & Terry,

I have read the whole statute and here's how I interpret it:

1) The BOD may adopt a rule if the city/co code does not have a law that is less than 30 days b/4 and 7 days after the election.
2) If the city/co code is longer than 30 days and 7 days then it would apply.
3) Terry's co has no time limit in their code therefore 30/7 applies, which means there is really no need for a rule because that time period is specified in the statute.

Frankly I believe the statute could have been worded much better, but what else is new!

Terry,

The member could familiarize themselves with the Co code and the state law and also with what rules the HOA has and take it from there. However, in most instances, most members are not familiar with county co and state laws and many don't even know or understand the CCRs and rules & regs of the assn. That's why many BODs can get away with violating the gov docs and/or state law. Not to mention the fact that the state law could have been worded much better.

I also live in a HOA community in Maryland and they have posted on the main website the following:

“This is a reminder that HOA bylaws prohibit the display of political signs more than 30 days prior to an election. Please refrain from placing signs in your yard until 30 days before the election will be held.”

In my interpretation of the Maryland Homeowners Act is that the community has to have a specific covenant regarding candidate/proposition signs. A covenant that mentions signs, such as directional, real estate etc. does not cover candidate/proposition signs. Candidate/proposition signs are a protected form of free speech. In my opinion, if the HOA doesn’t have a specific covenant regarding candidate/proposition signs than state and country regulations come into play. I don’t know why our HOA president allowed the statement of prohibition of political signs to be posted on the website. It is either he is ignorant of the covenants and state laws or, I know for a fact, that he is opposed to the party for which the signs have been popping up for. I have asked for that posting to be removed because since it has been up people have removed their signs. Could this be a form of intimidation? The post is still there.

With that said, since they are always “running to the Maryland HOA Act as a defense, I will use it to my advantage in that I will tell the HOA Board I want to exercise my freedom of speech and place candidate/proposition signs in the common areas. This should be legally allowed since our covenants do not prevent it per the Maryland HOA Act.

Ron -

I mostly agree with you. Two clarifications though:

1) "If a limitation to the time period during which signs may be displayed is not specified by a law " - So if there is federal, state (and I assume county) law that in any way states a time frame in which signs can be posted it does not matter what covenant or rule an HOA has. There is a federal court ruling that says it is a violation of free speech to restrict when a candidate sign can be put up. Baltimore county recently eliminated their 45 day rule because of this and allows candidate signs to be up 365 days a year. I am unclear whether this eliminates an HOA the ability to create a rule enforcing a 30/7 day rule or not.

2) I don't think it has to be a covenant that specifies the 30/7 day restriction - it can also be a Rule/Regulation which is much easier to enact than a covenant change/addition.

Ron,

I do not interpret the statute to mean it must be a recorded covenant. That is only one of the options stated. The statute says: "a recorded covenant or restriction, a provision in a declaration, OR a provision in the bylaws r rules of a HOA. . ." Note that the bylaws and rules are not generally required to be recorded.

Ron,

In most states only the CCRs are required to be recorded. The bylaws generally are not and I've never heard of the rules ever being required to be recorded. Regardless of whether a gov. doc. is required to be recorded it is still enforceable just the same as the recorded covenants are.

IMO, your Pres is certainly not acting properly. In fact she is taking a big chance by going on private property to remove signs. IMO, she could be accused of trespassing and theft of personal property.

If your assn has no restriction addressing political signs then I believe they must adhere to the State law which allows signs to be put up 30 days b/4 and remain as long as 7 days after an election. In trying to get your point across to the board that they are in violation of state law, I would suggest you quit emphasing the State requirement for a "recorded covenant" and just center on the fact that the HOA has no rule or restriction addressing political signs.

Thank you Mary... I should emphasis the fact our HOA has no such rule/regulation, covenant etc. regarding candidate/proposition signs. In our county you are allowed to display candidate/proposition signs 60 days prior to the election and they have to be removed within 7 days after. The primary is on Sept. 14th so we should be able to post the signs.

Joe, I agree that there should be some type of recording of the regulation so that residents have something to refer to otherwise what is to keep the board from making arbitrary rules as they go. Our HOA website posted that we have a bylaw that sates no political sign prior to 30 days. I have not been able to find it in any of our HOA documents. I have also posted my request on the website asking for it to be pointed out to me as well as sending e-mails to the HOA president and management company…. No response from anyone. My wife seems to think they (Board and management company) have “egg on their face” and doesn’t want to fess up. Additionally, the HOA president is a big contributor to the opposite party of the signs he has taken down, so by delaying a response there are less signs promoting the party he doesn't like.

Ron,

Want to make a bet that by the time you receive an answer from the PM or BOD the election will be over? Even if the answer is that they were in error!!

Ron,

When a board member cannot separate their personal life from their duties as a board member then they should no longer serve on the BOD. IMO, this fits the bill for your board Pres. She definitely is using her political persuasion to control her actions as the Pres. of the HOA. And, since none of the board members are concerned with enforcing the covenants perhaps it's time for all of them to be replaced. Exactly what do your covenants say about enforcement. Does the BOD have a "duty" to enforce. Can the members enforce if the BOD fails to after petitioned?

@TerryJ1 and any others that would like to chime in. I've appriciated all the answers and support that I have received ont this forum.

What has ever come of HOA decision on the posting of political signs? I also live in Maryland, Anne Arundel County, and we are going through the same thing. Anne Arundel County has a restriction that political signs cannot displayed more than 60 days prior to an election. Yet, the HOA attorney is stating that per the Maryland Homeowners Association Act that they can limit the displaying of political signs to 30 no less than days prior to the election.
So, what does : (3) If a limitation to the time period during which signs may be displayed is not specified by a law of the jurisdiction in which the homeowners association is located, to a time period not less than:
(i) 30 days before the primary election, general election, or vote on the proposition; and
(ii) 7 days after the primary election, general election, or vote on the proposition.

actually mean? If Anne Arundel County has a 60 day limit can the HOA be more restrictive with a 30 limit?

In this case I do not understand the ability of an HOA to make a rule that is more restrictive than a county law. The MD HOA Act says that an HOA can enact a 30/7 day rule ONLY when a higher juristiction is silent on time frame of sign placement. In the example above, the county specifies a timeframe when signs can be placed so the HOA has no say in the matter. It cannot create a more restrictive rule, a less restrictive rule or even a matching rule. Please correct me if I am wrong, but it seems quite clear from what I read in the MD HOA act.

Lisa,

I don't know that any rules are being broken. However the board Pres should not be using his title as Pres in the letter, nor should he use assn paper, and most definitely stamps! An HOA board should not get involved in political issues and should not endorse political candidates.

Kelly,

In Arizona, HOAs cannot prohibit political signs.