I have no experience with yard signs....

[BklynChick]

.. because I live in NYC. We just put the signs in the windows. My parents are transplants living in SC and they want to put one in their yard but were told this is against the owners association policies. Is this legal? WTF?

[malta blue]

1. some homeowners associations prohibit them

prior to X days before an election.

My old place was like that - I just put rally signs in my windows before that and then when the 30 days mark came, I put the lawn signs out.

[Kukesa]

2. I worked on the Kerry/Edwards "visibility" committee

here in Ohio in 2004. We found that every area had its own set of rules regarding yard signs. Best if your folks check before they plant one in their yard, otherwise, it'll be taken down.

We used to go to various township/city offices and pick up signs that had been removed and left in a pile behind the buildings. Recycling at its finest.

[slackmaster]

3. That's one of many reasons I don't ever want to live in a place with an HA

:argh:

[DrDan]

7. it certainly works both ways

There was a long-standing dispute in the Orlando area about a guy who claimed to be an artist - and had all sorts of junk in his yard that he claimed was related to his art. HOAs intent is to deal with people like this.

otoh, we elected not to move in to a particular area because the HOA had a policy against children play equipment - nothing permanant and nothing left out overnight. It was on a golf course and the members simply did not want the "noise" from kids interupting their "fun". Also, no speakers outside.

But - if those folks want to live that way - let them do so. I have a choice.

[harun]

17. People sacrifice freedom for greed, nothing new there

They are under the false notion that their property will be worth more if they impose all these rules to make a fake plastic community that looks nice all the time. All it does is keep people who are smart enough to read the fine print from moving in to the neighborhood.

All these BS rules should be blocked from the Federal level.

[wyldwolf]

4. my wife is VP of our homeowners association (we're in GA)

Their position has always been that campaign signs are protected political free speech but have stipulations on their size and how close to the road they can go.

Just like the no-soliciting policy they have that still allows for canvassing the neighborhood.

[BklynChick]

my mother wants to fight this, so I'm going to try to help her... any tips?

[wyldwolf]

8. I don't think community covenants can supersede municipal law

Municipal law in most cases allow political signs on private property "out of the right-of-way." I'd suggest she check on the laws of her city.

Then, of course, there was a ruling in Baltimore by U.S. District Judge Catherine C. Blake that struck down a Baltimore County law restricting political signs. She'd recently issued a written opinion on a suit brought by the ACLU on behalf of three former candidates and four Baltimore County residents who wanted to place political signs in their yards.

"A political sign is an important method of expressing support for a candidate," Blake wrote. Many courts "have recognized the importance of official campaign signs and the message they provide" as a form of protected speech."

http://www.baltimoresun.com/news/local/harford/bal-md.ha.aclu09jun09,0,4056579.story

[DrDan]

9. yeah - spend you energy elsewhere

the GE will be over before you get a waiver on HOA rules - particularly if there are a lot of owners.

[blondeatlast]

13. Likely they won't want a political battle and as above, they can't supercede

local, state, or federal law.

My own HOA says 30 days prior to the election but as witl Christmas and such, they aren't overly careful about enforcing it. Mine's fairly lenient, though.

Just be nice--I moved into a place with an HOA for a reason; I'd seen my last neighborhood ruimed by unkempt yards and rotting vehiicles.

It's a mixed bag, certainly.

[glowing]

5. Yes, it is.. if the HOA says no signs, then no signs it is..

[DrDan]

6. yep - legal

In Florida, there are some associations that ban flags, to include the U.S. flag. This drives the reich-wingers nuts down here.

[wyldwolf]

10. not so fast

Wikipedia is not the most reliable source, but under the HOA entry, it say:

"...based on a Supreme Court decision, no HOA can prohibit signs advocating political positions, however, such signs may be limited to private property display and may not be displayed in common areas."

http://en.wikipedia.org/wiki/Homeowners'_association

A Texas law enacted in 2005 stated a HOA can't restrict political signs 90 days before an election.

Then, of course, there was a ruling in Baltimore by U.S. District Judge Catherine C. Blake that struck down a Baltimore County law restricting political signs. She'd recently issued a written opinion on a suit brought by the ACLU on behalf of three former candidates and four Baltimore County residents who wanted to place political signs in their yards.

"A political sign is an important method of expressing support for a candidate," Blake wrote. Many courts "have recognized the importance of official campaign signs and the message they provide" as a form of protected speech."

So, the line seems a little grey to me on this. I'd like to see the actual supreme court ruling referenced in the wiki piece.

[DrDan]

21. another discussion that seems to indicate that unless one's state legislature

has passed specific legislation protecting flying flags and posting signs, then agreeing to HOA bylaws is considered to have given up those rights.

it is an interesting predicament for the USOC to resolve.

http://www.firstamendmentcenter.org/speech/personal/topic.aspx?topic=yard_signs

[yardwork]

11. HOA restrictions are a real pain to fight.

Your mother might win, eventually, but in the meantime she will have annoyed all her neighbors and polarized her neighborhood. I don't think it's worth it, personally. As an individual, I feel that the choice is to either live in a HOA-free neighborhood or, if one chooses to live in a HOA, generally abide by their rules, silly as they may be.

People get *ugly* about HOA rules. Really ugly.

[Blue-Jay]

12. Have them put a big sign in the rear window of their car,

and park it the driveway.

(obviously, they should move it when they're driving)

[BklynChick]

14. that's a great idea, they are also going to put one in their front window. i don't think they wanna

get into a battle with the neighborhood, which from what I can tell, are a bunch of rednecks, and they have lots of energy to do other things (so fighting HOA and working for Obama are not mutually exclusive); my mother tends to get all up in arms about this kind of stuff. I'll be down there visiting in 2 weekends so we'll come up with a plan. I will tell her to at least look into the 90 day rule. Thanks everyone! :)

[QueenOfCalifornia]

15. Front yards

if maintained by a HOA are considered community property. I live with the same rules and so we put our OBAMA sign in a prominent window easily seen from the street. The only signs allowed on the lawns in our neighborhood are "for sale" signs placed near the sidewalk.

Any of the rules in a HOA can be challenged - That is if your parents own their home. If they rent they have zero input with their board.

Also, if one of your parents dislikes the status quo of the HOA, urge them to get on the board and begin making changes. That is what we did. I begged my husband to get on our HOA board because the nitwits were like some run away train doing all kinds of crap that was becoming more and more restrictive. Things are 100% better now - Our kids play in front where as before the HOA was trying to make it "illegal" for our neighborhood children to play in the very suburban street. It is so much more friendly - we all know each other and the neighbors all gather in my front yard in lawn chairs in the late afternoon for a glass of wine while the kids ride their bikes and scooters and roller skate to the music I play from my porch!

[Cal Carpenter]

16. Totally legal

Your parents most likely signed something when they bought their place agreeing to the rules of the homeowner's assoc. and it likely indicated that no signs were allowed in the yard. They should still be able to affix a sign to their porch or in the window.

In some areas homeowners are making some progress as far as this stuff goes - as more and more neighborhoods have obligatory homeowners or condominium associations the concept of choice (as in choosing to live somewhere with restrictions) becomes less of an argument, and the concept of basic civil rights becomes stronger. But it's a big fight and it would be tough to take on. Even the ACLU won't help unless it's a municipality trying to make the rules.

The law (and thus the courts) tend to side with the association. And technically the association can issue a lien on your house if you don't pay their fines if you refuse to take the sign down.

It sucks.

Signed,

Someone who struggled with this in 2004 with a Kerry sign, who has since moved and can put 20 Obama signs in my yard if I want to :)

[PoliticalAmazon]

18. Why don't they change out a flowerbed and spell "Obama" with marigolds....

with an alyssum background?

I bet they don't have a rule against THAT!

[blondeatlast]

19. HOA officer/member here: They will NOT take you to court over this; it's not worth the

time or money.

If you receive a complaint, file a formal protest, that should hold it over until Election Day. A short letter should do the trick and most HOAs only meet a few times a year. If a meeting's coming up, wait until it's over, then plant the sign. If you get a complaint, file the protest. They are very, very unlikely to go to court. Many HOAs are hurting due to the housing disasater and the resulting lack of income.

[Jersey Devil]

20. HOA rules that unreasonably limit political free speech are not valid

There have been many court rulings that HOAs can reasonably limit political signs by controlling their size and manner of placement (so many feet from the curb, etc) but they cannot completely ban them.

[rainbow4321]

22. I know in TX we can put them up but only starting on August 6!

Can't be sooner than 90 days before an election day per some state law. Weird little factoid I didn't know til recently.

I'd say no one would try to complain and enforce it but we had one local guy complain to the city about high school groups putting their mascot emblem (pawprint picture) on telephone poles/other poles (just prior to a homecoming game) that line the city streets all because of some obscure local ordinance about individuals not being allowed to put "signs" on the poles. He made such a stink it made the newspaper a few days in a row and the city had to cave and make the high school kids to take the signs down. And they were all tasteful, small signs.
Takes all kinds, I guess.