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 West Virginia, 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 actions by private entities like homeowners' associations (HOAs). However, West Virginia law, similar to many other states, may provide specific protections for political signs on private property, ensuring that HOAs and local governments cannot completely ban them. These entities can impose certain regulations, such as limiting the size, number, and duration of political sign displays—often allowing signs to be posted for a set period before an election and requiring their removal shortly after. For non-political signs, such as those advertising businesses or warning against trespassing, HOAs and local governments typically have more leeway to enforce restrictions, which can include the need for permits or adherence to specific guidelines regarding the placement and appearance of the signs.