Politics has always been a potentially volatile topic. It’s become even more so in recent years.
With midterm elections coming up in Texas and across the country this November and primaries just around the corner, it seems like a good time to discuss what homeowners’ associations (HOAs) can do to turn down the temperature and help prevent conflict among neighbors.
What does Texas law say?
Many HOAs in other states prohibit any kind of political signs, banners and flyers on their properties. Texas law, however, places significant limitations on such prohibitions.
Under the law, no property owners’ association of any kind can prohibit homeowners from posting political signage during an election “season” – specifically not more than 90 days prior to an election or within 10 days following it.
What limitations can HOAs have?
That doesn’t mean HOAs can’t place any restrictions on the display and, in some cases, the content of these signs on a homeowner’s property. For example, they can implement and enforce rules regarding:
- The number of signs a homeowner can display
- The maximum size of the signs
- How the signs are displayed (For example, they can require them to be “ground-mounted” so they don’t fly all over the property or hang from balconies.)
- The materials used (for example, anything with lights, balloons or music)
- The use of obscene or otherwise offensive language
These signs are only allowed on a homeowner’s private property – not in common areas like shared yards, driveways, pools and hallways of a condo complex.
Proper codification and enforcement are key
Codifying these restrictions in the HOA’s governing documents is key to being able to enforce them, remove the signage if necessary and issue fines or other penalties.
It’s also crucial that HOAs enforce their restrictions consistently. Allowing prohibited signage for some candidates, parties or causes while restricting those for others (assuming they aren’t violating HOA rules or the law) is only going to create discontent and likely lead to complaints and further violations.
All responsible Texas HOA officers and board members want to provide a peaceful, aesthetically pleasing environment for their homeowners and visitors and keep their property values up. However, property owners also have First Amendment rights under federal and state law. Balancing these things can be challenging. Having experienced legal guidance can help.