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 Kentucky, the regulation of yard signs, including those for political purposes, is influenced by both the First Amendment and state statutes. While the First Amendment protects against government interference with free speech, it does not directly restrict private entities like homeowners' associations (HOAs). However, Kentucky law does provide some protections for political signs on private property. HOAs and local governments can impose reasonable restrictions on the size, number, and duration of political signs, but they cannot completely prohibit them. For instance, they may limit the time frame in which signs can be displayed in relation to an election period. Non-political signs, such as those advertising a business or warning against trespassing, are more heavily regulated and may be subject to stricter HOA rules and local ordinances, which can include permit requirements or restrictions on size and placement. It's important for residents to check with their local government and HOA for specific regulations that apply to their area.