With presidential elections in full swing,
political signs are a common sight these days. Campaign signs appear on almost
every corner, but did you know that Texas law authorizes HOAs to regulate and
limit the display of political signs?
Section 202.009 of the Texas Property Code governs
HOA regulation of political display signs, and authorizes property owners'
associations to adopt restrictive covenants prohibiting a property owner
from displaying on the owner's property
signs advertising a political candidate or ballot item for an
election with the following limits:
No restriction may be adopted or enforced which prohibits the display of political signs on private property:
No restriction may be adopted or enforced which prohibits the display of political signs on private property:
(1) on or after
the 90th day before the date of the election to which the sign relates; or
(2) before the 10th
day after that election date.
An HOA may, however, enforce or adopt
of a covenant that requires a sign to be ground-mounted; or limits a property
owner to displaying only one sign for each candidate or ballot item.
An HOA may also enforce or adopt of a
covenant that prohibits (and is allowed to remove) a sign that:
(1) contains
roofing material, siding, paving materials, flora, one or more balloons or
lights, or any other similar building, landscaping, or nonstandard decorative
component;
(2) is attached
in any way to plant material, a traffic control device, a light, a trailer, a
vehicle, or any other existing structure or object;
(3) includes
the painting of architectural surfaces;
(4) threatens
the public health or safety;
(5) is larger
than four feet by six feet;
(6) violates a
law;
(7) contains
language, graphics, or any display that would be offensive to the ordinary
person; or
(8) is
accompanied by music or other sounds or by streamers or is otherwise
distracting to motorists.
