With federal and state elections less than forty-five days away, political signs are popping up in yards everywhere.
Many community associations have restrictions in their declaration or covenants, conditions, & restrictions (collectively, "CC&Rs") prohibiting or limiting the display of political signs, including the number, size, and time period of display. However, those community associations without such restrictions are searching for answers on how they may possibly regulate political sign display in the current polarizing political climate. For a better understanding of what a community association is all about, please check out Unwrapping the Riddle: What is a Community Association?
What is a Political Sign?
Both the North Carolina Planned Community Act ("Chapter 47F") and the North Carolina Condominium Act ("Chapter 47C") define a political sign as any sign that attempts to influence the outcome of an election, including supporting or opposing an issue on the election ballot. A political sign can take any shape – a flag, a garden flag, a banner, or a poster, just to name a few. These types of political signs may be prohibited or regulated under both Chapter 47F and Chapter 47C, but be careful, not all flags or banners automatically become pollical signs simply because they may contain political rhetoric, especially when they are displayed outside of the election time-period.
Community Associations with CC&Rs Recorded Prior to October 1, 2005
For homeowner associations and condominium associations with CC&Rs recorded prior to October 1, 2005, the display of political signs may only be regulated or prohibited if the recorded document specifically uses the term "political signs." In other words, a provision in the association's CC&Rs that provides the association with the authority to prohibit and limit all "signs" in the subdivision or condominium is not effective in prohibiting political signs. However, if the CC&Rs provide that the association can prohibit or limit all signs, including but not limited to political signs, then the association could legally prevent all political signs within the subdivision or condominium.
Community Associations with CC&Rs Recorded On or After October 1, 2005
For those homeowner associations and condominium associations with CC&Rs recorded on or after October 1, 2005, both Chapter 47F and Chapter 47C require the recorded CC&Rs to include on the front page of the CC&Rs, in boldface, capital letters, no smaller than the largest print used elsewhere in the document: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS." This specific language on the front page of the document, paired with a regulation or prohibition contained in the body of the CC&Rs, allows the community association to properly prohibit or regulate the display of political signs. However, if the CC&Rs only include the language required to be on the front page but do not include the necessary internal language within its body, this is not an effective restriction to regulate political signs, and vice versa.
Missing Language? Have No Fear
If your CC&Rs do not meet the necessary criteria discussed above, all is not lost. So long as your CC&Rs grant rule-making authority over lots/units, the Board may promulgate a rule prohibiting political sign display earlier than forty-five (45) days prior to an election and later than seven (7) days after the election. The rule may also regulate the size and number of political signs allowed to be displayed on a lot or condominium unit. But be careful! The Board cannot promulgate a rule that is more restrictive than a local political sign ordinance. If there are no local ordinances regulating political signs in the county or municipality where your community is located, then the rule must allow at least one political sign, at least 24 inches by 24 inches in size per lot or condominium unit.
Balancing Multiple Point-of-Views
In any political climate, tempers can run hot on both sides of the aisle. It is important that the community association remains neutral regarding any candidate or issue on the election ballot. Make sure that you understand your community association's CC&Rs, as they may or may not be able to properly prohibit or regulate political signs within your community.
