Political Signs & Messaging in Your Community Association

Political signs and messaging in Community Associations is generally a passionate topic to discuss with residents and the Board. From a legal standpoint, there are clear guidelines when it comes to regulating political messaging in a Community Association.   First, it is important to remember that the First and Fourteenth Amendments to the United States Constitution protect free speech in that the government may not “abridge” the freedom of speech, which of course includes political speech.   The Constitution does not explicitly regulate behavior by private entities, such as Community Associations. In truth, Associations may prohibit a resident or tenant from displaying a political sign or flag based upon its governing documents, including its Declaration, Bylaws, or Rules and Regulations, if permitted to make such rules. At all times, the Association must do so in a manner consistent with Federal and State laws and cannot get around such a requirement.   It is important to note that under Ohio law, an Association may not prohibit the display of any United States or POW/MIA flag if displayed in accordance with:  

1. The federal laws governing display of the POW/MIA flag;

2. The recommended flagpole standards set forth in “Our Flag” published by Congress;

3. The United States Flag Code; or,

4. Any federal and state laws, proclamations of the President or Governor, Revised Code section, or local ordinance or resolution.

  In addition, an Association may not prohibit a service flag display as approved by the United States Secretary of Defense. Generally, these are for display in windows of a resident of an immediate family member of a United States armed forces service member.   Furthermore, a Community Association may not prohibit a display on a flagpole of the United States flag, the State of Ohio flag, or the POW/MIA flag so long as the display is of appropriate size and consistent with the size and character of the surrounding structures.   An Association may decide it wants to restrict all forms of political signs and flags consistent with Federal and State laws. However, some Associations may want to allow for exceptions to the restrictions on free speech. In example, any signs or flags promoting a candidate for office, political group, or issue, may be displayed only seasonally during election periods, for a period generally not to exceed 60 days. Keep in mind that any exceptions should: limit the quantity of signs allowed by each resident or tenant; restrict certain materials from use (i.e., plastic signs vs. paper); restrict certain placement of the messaging; limit time usage; and, prohibit any obscenities while allowing for a content-neutral approach to the review and enforcement process.   Of course, it is always difficult as a Community Association to restrict any speech. Remember that those who purchase a sublot in a residential association and bear the benefits to reside in this common interest community must abide by the Declaration and adhere to the restrictions. To ensure uniformity of restrictions, members of the Association have the obligation to follow these restrictions for the benefit of their neighbors. By accepting title to the property or renting in a Community Association, residents agreed, by covenant, to follow all covenants and restrictions within the recorded Declaration.   If the Association needs to enforce a violation of a restriction concerning political flags or signage, please see the accompanying article concerning enforcement.   Matthew Kearney Partner EQUES® Law Group