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 Oregon, the regulation of yard signs, including those for political purposes, is influenced by both state statutes and local ordinances. While the First Amendment protects individuals from government interference with free speech, this does not directly restrict private entities like homeowners' associations (HOAs). However, Oregon law does provide some protections for political signs on private property. ORS 94.550 to 94.783, known as the Oregon Planned Community Act, limits the ability of HOAs to enforce rules that completely prohibit the display of political signs. HOAs can impose reasonable regulations regarding the size, number, and duration of political sign displays, typically allowing signs to be posted during election periods and requiring their removal within a certain timeframe after an election. For non-political signs, such as those advertising a business or warning against trespassing, HOAs and local governments may have more leeway to enforce restrictions, and permits may be required for certain types of signage. Additionally, signs placed in public rights-of-way are subject to local government regulations, which can vary by municipality.