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 New York, the regulation of yard signs, including those endorsing or opposing political candidates or issues, 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 actions by private entities like homeowners' associations (HOAs). However, New York law does provide some protections for political signs on private property. Local governments and HOAs may impose reasonable time, place, and manner restrictions on the display of political signs, such as limiting the time frame in which signs can be displayed around an election period and requiring that signs be inoffensive and properly mounted. These restrictions must not completely ban political signs, as doing so would likely infringe upon political speech protections. For non-political yard signs, such as those advertising a business or indicating a property is for sale, local governments and HOAs typically have broader authority to regulate, and permits may be required for certain types of signs. It's important for property owners to check with their local municipality and HOA for specific regulations regarding yard signs.