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 Indiana, the regulation of yard signs, including those endorsing or opposing political candidates or issues, is influenced by both state statutes and the First Amendment's protection of free speech. While the First Amendment restricts government interference with free speech, it does not directly limit private entities like homeowners' associations (HOAs). However, Indiana law does provide some protections for political yard signs. Indiana Code IC 32-21-13-5 states that a homeowners' association may not adopt or enforce a rule that prohibits the display of political signs on property owned by a member of the association during an election period, which is defined as 30 days before an election until 5 days after an election. Outside of these periods, HOAs may have more leeway to regulate signs. For non-political yard signs, such as those advertising a business or warning against trespassing, HOAs, neighborhood organizations, and local governments may impose restrictions, which can include aesthetic guidelines, size limitations, and permit requirements. It's important for property owners to review their local ordinances and HOA rules to understand the specific regulations that apply to their signs.