As campaign season ramps up ahead of the November General Election, Texans living in neighborhoods governed by homeowners associations may soon begin seeing more political yard signs appear.
That’s because Texas law protects homeowners who wish to display political signs beginning 90 days before Election Day—a period that starts August 5 for the November 3 election.
While many HOA residents assume their association can prohibit campaign signs altogether, state law says otherwise.
Texas has protected homeowners’ ability to display political signs in HOA-governed neighborhoods since 2005, when lawmakers approved House Bill 873. The protections are now codified in Section 259.002 of the Texas Election Code.
Under the law, a property owners’ association generally may not enforce a covenant that prohibits a property owner from displaying a political sign supporting or opposing a candidate or ballot measure during the protected period.
The protection lasts from the 90th day before an election through the 10th day after Election Day.
That does not mean HOAs are powerless, however.
State law allows associations to impose certain reasonable restrictions. An HOA may require signs to be ground-mounted, limit homeowners to one sign per candidate or ballot measure, and prohibit signs larger than four feet by six feet. Associations may also ban illuminated signs, signs with moving parts, balloons or streamers attached to signs, or signs attached to trees, utility poles, vehicles, or other structures.
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.
Texas law also limits the ability of cities to regulate political signs on private property. While municipalities may enforce rules related to public safety or signs placed in public rights-of-way, they generally cannot prohibit campaign signs displayed in residential yards.
