Political Yard Signs: Rights, Regulations, and Homeowners Associations in Pennsylvania
We’re in the midst of a hotly contested election season. Many individuals and families choose to express their political beliefs and support for candidates through yard signs. What are the legalities of displaying such signs and is it unlawful to remove someone else’s sign? Today, we’ll explore the legality of political yard signs in Pennsylvania and the extent to which HOAs can regulate their display.
Are Political Yard Signs Legal?
Absolutely! Political yard signs are generally considered a form of free speech protected by the First Amendment of the United States Constitution. In Pennsylvania, individuals have the right to express their political views through signage on their property. However, this right is not absolute and may be subject to certain restrictions.
Pennsylvania law permits homeowners to display political signs, including yard signs, as long as they are placed on private property and the property owner has obtained permission from the property owner if it's not their primary residence. Moreover, state law sets forth a time frame during which political signs can be displayed; typically, signs may be erected up to 90 days before an election and must be removed within 7 days after the election concludes.
Can Homeowners Associations Restrict Political Yard Signs?
Both the U.S. Constitution and the Pennsylvania Constitution protect free speech only when the interference is carried out by a government entity. While Pennsylvania ensures the right to display political signs, it also protects an individual’s freedom to contractually restrict, or even give up, those rights. HOAs and community associations are private organizations and are not considered government actors. In Midlake on Big Boulder Lake, Condo. Ass'n v. Cappuccio, the Pennsylvania Superior Court upheld an HOA's right to restrict political signs. The court reasoned that because residents voluntarily purchased property in a community association, they agreed to abide by its rules, even if that meant giving up certain speech rights.
Homeowners associations can impose regulations that may limit this practice within their communities. The authority of HOAs to create rules is typically rooted in the covenants, conditions, and restrictions (CC&Rs) that homeowners agree to upon purchasing a property in the community. When you purchase a home governed by a homeowners or condo association, you contractually agreed to abide by the in the Association Declaration at the time of purchase. If that limits political signs, then you relinquished some of your freedom of speech concerns regarding placing signs on your property.
However, there are important considerations:
1. State Law Overrides
Any HOA regulations that completely ban political signs are likely not enforceable under Pennsylvania law, as they would contradict the state's provisions allowing for political expression. Nonetheless, HOAs can implement reasonable regulations regarding the size, placement, and time frame for displays.
2. Reasonable Restrictions
HOAs may impose rules that require political signs to be of a certain size or restrict their placement to specific areas of the property to maintain aesthetic standards within the community. For instance, an HOA might specify that signs should not exceed a particular height or must be displayed in a designated area of the yard.
3. Notification and Approval
Some HOAs may require homeowners to notify the association of their intent to display a sign or to seek approval for particular types of signage. Homeowners should familiarize themselves with their HOA’s regulations to avoid potential disputes.
Is it Unlawful to Remove Political Signs on Someone’s Property?
Yes. Stealing political signs from someone’s property would be considered theft by unlawful taking and is a misdemeanor charge while defacing a political sign is called criminal mischief and a misdemeanor. Perpetrators can face fines or even jail time. With so many people having cameras on their homes, if you remove or deface a sign, you should assume someone was watching!
In summary, political yard signs are indeed legal in Pennsylvania, and homeowners are encouraged to exercise their rights to political expression. However, homeowners should remain aware of their HOA's rules, as these can set reasonable limits on how signs are displayed.
For those facing disputes with their HOA regarding the display of political signs, it may be beneficial to seek legal advice to navigate the complexities of both state law and homeowners association regulations.
As a reminder, the landscape of laws and regulations can change, so it’s always advisable to keep yourself informed about local ordinances, HOA rules, and state statutes in your area.
Happy campaigning, and let your voice be heard—respectfully and legally!