INDIANAPOLIS — With Election Day just weeks away, we're seeing political signs everywhere. And that's sparked some questions over where exactly those signs can be posted.
Debbie Ottinger is chairwoman of the Boone County Republican Party. She says some people have complained to her recently that local homeowners associations are forcing folks to take down political signs from their yard.
"So then, they called and said, ‘what do we do?’” Ottinger said. “And at first, it was like, maybe it's something temporary, and I thought maybe this could just be an education issue.”
THE QUESTION
Can homeowners associations ban political signs from people's yards?
THE SOURCES
- State law
- Indiana House of Representatives
- Secretary of State’s Office.
THE ANSWER
No, a homeowners association cannot ban people from posting political signs in their own yard.
WHAT WE FOUND
“Posting of yard signs is a complex and sometimes controversial issue. We can point you to some Indiana statutes but cannot provide a legal opinion,” said Lindsey Eaton, spokesperson for the Indiana Secretary of State’s Office.
A state statute passed in 2010 says homeowners associations may not prohibit members from displaying a sign on their property. The Indiana Election Division offers a brochure that explains issues like this and points to the state statute that says political signs may be posted beginning 30 days before the election and ending five days after.
But the law says HOAs are able to restrict the size of a sign and the number of signs in your yard.
“I don't think you can put up a 10-by-10 foot sign with flashing lights,” Ottinger said. “But you should be able to put a normal size political sign in your yard if you choose to do so.”
It's important to point out the law protecting your right to display political signs does not apply to neighborhood "common areas" like a median or park.
State Rep. Woody Burton – now retired – issued a statement in 2020 explaining why he supported the law.
"You have the right to display a sign on your property," Burton said. "No one should be able to restrict a person's right to free speech."
IC 32-21-13-4Prohibition on homeowner association adoption or enforcement of rules relating to display of political signs; exceptions
Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period:
(1) beginning thirty (30) days before; and
(2) ending five (5) days after;
the date of the election to which the sign relates.
As added by P.L.5-2010, SEC.1.
IC 32-21-13-5Permissible rules relating to display of political signs
Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following:
(1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs commonly displayed during election campaigns.
(2) Restrict the number of signs that may be displayed if the rule permits a homeowner to display a reasonable number of signs.
(3) Restrict the locations where a sign may be displayed. However, a restriction under this subdivision may not prohibit the display of a sign:
(A) in a window on the homeowner's property; or
(B) on the ground that is part of the homeowner's property.
As added by P.L.5-2010, SEC.1.
IC 32-21-13-6Homeowners association may remove sign that violates permitted rules
Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter.
As added by P.L.5-2010, SEC.1.
IC 32-21-13-7Political activity on homeowners association property may not be prohibited; exception
Sec. 7. (a) This section does not apply to homeowners association property if:
(1) access to the property from the outside is controlled by gates or other means; and
(2) the common areas, including roads and sidewalks, are privately owned and maintained.
(b) As used in this section, "homeowners association property" refers to real property owned by any of the following:
(1) A member of the homeowners association.
(2) The homeowners association.
(3) The members of the homeowners association in common.
(c) A homeowners association may not adopt or enforce a rule or covenant that prohibits, or has the effect of prohibiting:
(1) a candidate;
(2) an individual who holds an elected office;
(3) the spouse of a candidate or individual who holds an elected office; or
(4) a volunteer worker of a candidate or individual who holds an elected office;
from entering onto homeowners association property for purposes of conducting political activity.
As added by P.L.73-2014, SEC.1. Amended by P.L.174-2015, SEC.1.