A Delicate Balance: Political Yard Signs and HOA Rules During Campaign Season

This Off Year Election is Good Practice for the 2012 Elections

FALLS CHURCH, Va., Nov. 1, 2011 /PRNewswire-USNewswire/ -- As Election Day draws near, disputes over political yard signs can lead to lessons of free-speech in America's neighborhoods. Homeowners' desires to the express their political views by planting yard signs may collide with community association boards' efforts to preserve their communities' appearance.  

This off year election is good practice for the 2012 elections. It is important for your community to have reasonable rules about political signs and even more important to have a community association manager with the knowledge and skill to effectively guide the residents through the process of creating, communicating and enforcing community rules - according to the National Board of Certification for Community Association Managers (NBC-CAM).  NBC-CAM is an independent board that develops certification (known as the CMCA® – Certified Manager of Community Associations) and standards for community association managers.

The courts have found that the right to display a political yard sign in community association-governed property is not protected under free speech rights.  Instead, the association's governing documents as well as city, county and state statutes dictate if yard signs are permissible.  

"Community association managers are like small town mayors, with the responsibility to be reasonable and fair while upholding rules. If your community has yard sign regulations, make sure they conform to state and local laws and enforce them consistently," said Dawn Bauman, executive director of NBC-CAM. "A CMCA-certified manager will be knowledgeable of best practices, industry standards and laws affecting political signs.  Make sure your community is protected with competent management."

For associations whose covenants don't currently regulate the display of political signs but are considering it, Bauman urges the following:

• Consult state statute.  State law may already regulate such signs.
• Consult local town or county regulations. Some counties regulate the duration and placement of signs.
• Work with your CMCA community manager to develop a rule that will be effective for your community during next year's election, which will include a very important presidential election.
• Don't prohibit signs without exception.  The right to express political views during campaign season is dearly held.  If your association's rules are content neutral, reasonable and consistently enforced, there's less chance of expensive litigation.
• Remind residents of sign rules prior to election season.
• Don't forcibly remove signs.  This is only a last resort, because it will cause hard feelings.
• Approach enforcement in a friendly, neutral manner.

"When in doubt, turn to NBC-CAM's online directory of accredited community association managers to find professionals with the latest legal knowledge about this issue," she added.

NBC-CAM is a 15-year-old independent board that develops certification and standards for community association managers. We administer the CMCA examination, a rigorous, three-hour test that measures managers' knowledge of community management best practices. Passing the CMCA examination and maintaining the standards of the CMCA certification is proof that a manager is a knowledgeable, ethical and professional. CMCA-certified managers have the skills to safeguard the assets of homeowners' associations, giving homeowners peace of mind and protecting home values. For more information, go to www.nbccam.org.

SOURCE National Board of Certification for Community Association Managers