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Real estate Q&A: Can we put a candidate sign in front of our home?

Most homeowners associations ban all signs from being displayed in their community. While an association can sometimes feel governmental, it is a private entity that you willingly joined and agreed to live by the community’s rules.

If your homeowners association documents ban yard signs, there's nothing the First Amendment can do about it.
If your homeowners association documents ban yard signs, there's nothing the First Amendment can do about it.Read moreDreamstime / MCT
    by Gary M. Singer, South Fla. Sun Sentinel, South Florida Sun Sentinel
    Published 

Question: We want to put a lawn sign out in front of our home for our favorite candidate. Our homeowners association is saying no way. What about my First Amendment rights? Can they restrict this? — Barry

Answer: Political season is upon us, and many people want to show their support for their favorite candidate.

Americans like to show off their chosen candidate with a lawn sign or three. However, many people live in community associations and enjoy the uniform look and feel of their neighborhood.

Most associations ban all signs from being displayed in their community. This includes for sale signs, sports teams, and, yes, even political candidates. These restrictions are allowed because the First Amendment protects us from the government restricting political speech, and while your association can sometimes feel governmental, it is a private entity that you willingly joined and agreed to live by the community’s rules.

Your association cannot just do whatever it wants. The ban on signs must be in your community documents and not just something that the new board decided.

The restriction must also be uniformly applied. This means that your association cannot allow some candidates but not others. It also cannot allow signs for sports teams, but not political candidates.

Either signs are acceptable in your neighborhood or they are not; the board does not get to pick and choose.

If your association does not have restrictions, or you do not live in a planned community, you can put up signs on your property as long as they comply with state and local laws. Lawn signs are OK, but you cannot put up a highway billboard in your yard.

No state laws in Pennsylvania or New Jersey restrict the size or placement of political advertisements on private property. Local ordinances govern those types of restrictions.

It is also worth mentioning that removing your neighbor’s sign because you do not like that choice of candidate is trespassing and can expose you to criminal and civil liability.

Staff writer Michaelle Bond contributed to this article.