Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In California, the rights to display political yard signs are protected under the state's laws, which are designed to balance the freedom of speech with the interests of homeowners' associations (HOAs) and local governments. California Civil Code Section 4710 and the Political Reform Act of 1974, as amended, generally prohibit HOAs from banning political signs on a member's property, but they do allow for reasonable restrictions. For example, HOAs can set rules regarding the size, number, and duration of political sign displays, typically allowing signs to be posted a certain number of days before an election and requiring their removal within a certain number of days after the election. However, these restrictions must not significantly impede the ability to display political signs. Non-political yard signs, such as those advertising services or warning against trespassing, may be more heavily regulated by HOAs, neighborhood organizations, and local governments, and in some cases, may require a permit. It's important for residents to check with their local HOA and municipal codes for specific regulations regarding yard signs.