Election season is upon us and the subject of political signs is more relevant than ever. It is at the forefront of discussions between community association leaders and residents.
According to the 2024 Homeowner Satisfaction Survey conducted by Zogby Analytics for the Foundation for Community Association Research, eight out of 10 condominium and homeowners association residents vote in national, state, and local elections. With more than 75.5 million residents living in community associations, this represents about 60.4 million voters.
Conversations about political signs and flags in community associations center around display and content. Community association boards, community managers, and residents must be educated on applicable laws, case law, and their governing documents to appropriately regulate them.
The First Amendment guarantees the right to freedom of speech without restriction by government entities or state actors. It does not apply to private organizations like community associations. Associations can adopt and enforce reasonable restrictions regulating political and noncommercial speech within their communities. However, some states provide a broader free speech right that does not depend on state action.
It is important to protect the voice of all residents and allow reasonable expression of speech through signage while not interfering with the property rights of other residents.
CAI Public Policy Recommendation
CAI recognizes and supports the rights of residential community associations to reasonably regulate political and noncommercial signs within communities in a manner consistent with federal, state, and local laws. CAI supports legislation recognizing the core principles of self-governance, self-regulation, and co-ownership of common property and the community association housing model balanced with owners’ rights of free speech. Every community is unique, and legislation should allow an association to develop reasonable rules and regulations concerning the time, location, materials, size, number, and manner of where political and noncommercial signs, political displays, or political activities are located while preserving freedom of political expression.
Current State Laws and Regulations
Laws governing political signs vary by state. Rules vary by community to reflect the preferences of homeowners. Currently, 27 states have statutes regarding political flags and signage that communities must follow. If your state does not have an explicit law, be sure to review your association’s governing documents and consult with your community manager and attorney before moving forward.
It is important for community managers and boards to send approved rules through email, upload notices on the community website, and display them on entry signs to encourage compliance. In particular, this information should include how many days before an election a sign can be put up and how many days after an election a sign must be taken down.
CAI calls upon community association homeowner leaders, community managers, residents, and attorneys to review governing documents periodically and work together to create rules that bring the community together.
CAI supports legally sound, fair, and equitable political sign rules and uniform enforcement procedures in community associations. Review CAI’s resources to effectively manage rules and regulations in your community. Learn more about states that currently have political sign or flag legislation here.
To help community association boards of directors navigate these important conversations, CAI created the Rights & Responsibilities for Better Communities and the Community Association Civility Pledge. We encourage community association boards to adopt these principles and engage these best practices.
