Board members often struggle to regulate protest signs in HOAs. These signs allow homeowners to show their support or express their opinions on certain issues, but they can also disrupt the community and bring down curb appeal when left unchecked. In Texas, there are certain considerations associations must make before implementing an outright ban.
Why Homeowners Put Up Protest Signs in HOAs
Protest signs allow people to visually communicate a message, typically regarding a social justice issue. These signs serve to show solidarity or to demand change, with many homeowners putting them up on their properties.
Outside a planned community, protest signs on a lawn or garage may not be a big deal. That said, homeowners associations operate differently. With rules in place, owners may not always have the unbridled ability to install protest signs in HOAs.
Can HOA Ban Protest Signs?
In Texas, an HOA can’t outright ban political signs supporting candidates or ballot measures during the prescribed election window, but it can prohibit more general protest or ideological signs unrelated to the election if its governing documents grant that authority.
Under Texas Election Code Section 259.002, an HOA generally can’t ban a homeowner from putting up a political sign supporting a candidate or ballot measure during the election period. This period begins 90 days before the election and ends 10 days after. That said, the HOA can enforce reasonable restrictions.
Election vs. Protest Signs
It is important to distinguish between election signs and general protest signs. Some owners may put up signs unrelated to an active election, and those are the ones HOAs typically restrict.
Texas law protects election signs, which are signs that explicitly support or oppose a candidate or ballot measure. Protest signs that focus on more general social issues, on the other hand, are not protected by state law. For restrictions on those, associations must check their governing documents for guidance.
What are the Common Restrictions on HOA Community Protest Signs?
Texas law permits reasonable restrictions on protest signs in HOAs, and most enforce rules on timeframes, placement and common areas, size and quantity, aesthetics and content, materials, and safety or legal risks. Let’s break these down below.
1. Timeframes
Associations often enforce rules requiring signs to go up only a specific number of days before an election and come down shortly after. In Texas, the law clearly states that this window begins 90 days before an election and continues until 10 days after. During this timeframe, owners may put up political signs.
2. Placement and Common Areas
In general, associations can prohibit owners from placing signs in common areas or HOA-owned properties. These include clubhouses, pool areas, fitness centers, entry gates, and light poles.
Additionally, Texas law allows an HOA to require owners to ground-mount their political signs on stakes rather than hang them from windows, balconies, or roofs. Moreover, an association can prohibit a sign that is attached to a tree, plant, traffic sign, light, vehicle, trailer, or other existing object.
3. Size and Quantity
Many associations place limits on the size of their protest signs. For political signs, Texas law permits a rule restricting signs to no larger than 4 feet by 6 feet. Similar restrictions can exist for general protest signs, too.
Furthermore, boards can limit the total number of signs that an owner can place per yard. The goal of this policy is to prevent visual clutter, resulting in a cleaner, more organized appearance from the street. For political signs, Texas law allows limits of one sign per candidate or ballot measure.
4. Aesthetics and Content
Associations usually regulate the design of the protest or political signs. For example, an HOA may prohibit illuminated signs, signs with moving parts, or signs with audio elements. These are often perceived as unpleasant to the eye or disruptive to the neighborhood’s peace.
Moreover, the content of the signs may be restricted. Many communities prohibit profane, defamatory, or offensive signs, encouraging professionalism and courtesy instead.
5. Materials
An HOA board may also be able to restrict certain types of materials used to build the sign. According to Texas law, an association can prohibit a sign that uses roofing, siding, paving materials, plants, balloons, and other decorative materials. These are not only displeasing to look at but can also pose safety risks.
6. Safety or Legal Risks
An HOA can generally prohibit political or protest signs that create a public health or safety problem. It can also ban signs that violate other laws. Signs that make use of loud music, sounds, streamers, or other distracting features may also be outlawed, as they can put motorists and pedestrians in danger.
Do HOA Sign Rules Violate Freedom of Speech?
No, an HOA’s restrictions on general protest signs are not considered a violation of freedom of speech.
Contrary to what some may believe, just because an HOA has rules doesn’t mean that it’s infringing on people’s rights. The First Amendment, in particular, is a common rebuttal that owners throw when faced with an HOA restriction. Yet, freedom of speech does not necessarily apply to HOAs or condo associations regarding protest signs.
Generally, the First Amendment applies to government bodies or authorities. An HOA or condo association does not fit into this category. Instead, an association has a more contractual relationship with its residents.
When someone first buys into an HOA or condo community, they agree to abide by the association’s rules. They even receive a copy of the governing documents, which include policies and restrictions, before they commit to the purchase. This gives them the opportunity to evaluate if the neighborhood and its rules are a good fit for them.
The Right Balance
Navigating protest signs in HOAs can be a tricky undertaking, especially for self-managed boards. It is important to strike a balance between the community’s rules and allowing residents to show their support for a cause. When in doubt, it is a good idea to consult an attorney or HOA management company.
Graham Management offers exceptional HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!
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