Flags, Banners, and Signs in HOA Communities
The U.S. flag has profound meaning for many Americans, which is why the Community Associations Institute (CAI) applauded the 2006 enactment of the Freedom to Display the American Flag Act. This monumental act gives residents the right to fly an American flag despite any community association rules or restrictions that prevent doing such. However, the appropriate size, placement, and installation of American flags is a topic open for debate in many HOA communities.
HOA Rules and the First Amendment
Every HOA has different rules for displaying flags, whether they be the American flag, a garden flag, or a banner with a resident's favorite football team. These rules promote uniformity within community associations and avoid the potential proliferation of flags, banners, and emblems.
Like flags, political signs are a particular pain point for homeowners associations, especially during election season.
Suggestions On How to Resolve Community Issues
You may be asking: what should associations do about the signs? Here are some suggestions:
Board members should discuss the level of enforcement of association sign prohibitions, mainly related to political signs on an owner's property during the election season.
Check Florida's highest court rulings and the specific "freedom of speech" verbiage in your Florida’s constitution. To learn more about Florida law concerning First Amendment rights and political posters, read the article, Florida Community Associations Should Tread Carefully in Restricting Political Signs.
Be aware that covenants restricting signs can incorporate exceptions for security, developer, "for sale," and other board-approved signs. Under such circumstances, an association actively enforcing bans against political signs is unnecessarily exposing itself to charges of selective or arbitrary enforcement. When a ban on symbols is universal, but an association permits residents' holiday decorations—another form of free speech—it also exposes itself to arbitrary enforcement claims. Overlooking this nuance is commonplace.
Keep in mind, political signs are temporary. By the time the association cycles through its standard three non-compliance notifications, the signs will likely be removed.
Be sensitive that political beliefs and affiliations—like religious beliefs—tend to produce strong feelings that lead to costly and time-consuming litigation. Even if the dispute isn't the result, is it sensible to pursue actions that invite unnecessary friction? Consider making by-laws that accommodate the needs of your community.
Choosing to enact reasonable time, place, and manner restrictions help mitigate the issues related to political signage. Here are some suggestions:
Signs may only be placed on the owner's property for 45 days before an election
Remove signs within three days after the election
Signs cannot contain any profanity
No more than one sign per yard
Safety is the number one concern
Contact Us for Assistance
Not sure what to do next? Involve community members to help craft the association's specific restrictions. Prominently posting (via email blasts, special notices on your website, and at entry signs) about the rules help encourage compliance in your HOA. Let us know how we can be of assistance with this on-going concern.
