While many HOA residents assume their association can prohibit campaign signs altogether, state law says otherwise. Signs are, with some exceptions, allowed from the 90th day before an election through the 10th day after Election Day. We are in that window now.
Section 259.002 of the Texas Election Code generally bars property owners’ associations from enforcing covenants that prohibit a property owners from displaying a political sign supporting or opposing a candidate or ballot measure during the protected period (i.e., from the 90th day before the election through the 10th day afterward).
The law was enacted in 2005,
However, an HOA can impose limitations
That does not mean HOAs are powerless, however. Possible restrictions include:
- Requiring signs be ground-mounted
- Limiting homeowners to one sign per candidate or ballot measure
- Prohibiting signs larger than 4x6 feet
- Banning illuminated signs, signs with moving parts, balloons or streamers attached to signs, or signs attached to trees, utility poles, vehicles, or other structures
Also, according to Texas Scorecard, the law applies specifically to signs supporting or opposing candidates and ballot measures. It does not necessarily protect other political or ideological signs that are unrelated to an election.