Political Sign Displays in Texas HOA

Section 259.002 of the Texas Election Code does not allow property owners associations to prohibit the display of political signs on or after the 90th day before the date of the election to which the sign relates or before the 10th day after that election date. However, it does allow associations to regulate the size, placement, material, and content of the sign.

This section states:

“(a)  In this section, “property owners’ association” has the meaning assigned by Section 202.001, Property Code

(b)  Except as otherwise provided by this section, a property owners’ association may not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner’s property one or more signs advertising a candidate or measure for an election:
(1)  on or after the 90th day before the date of the election to which the sign relates; or
(2)  before the 10th day after that election date.

(c)  This section does not prohibit the enforcement or adoption of a covenant that:
(1)  requires a sign to be ground-mounted; or
(2)  limits a property owner to displaying only one sign for each candidate or measure.

(d)  This section does not prohibit the enforcement or adoption of a covenant that prohibits a sign that:
(1)  contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component;
(2)  is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object;
(3)  includes the painting of architectural surfaces;
(4)  threatens the public health or safety;
(5)  is larger than four feet by six feet;
(6)  violates a law;
(7)  contains language, graphics, or any display that would be offensive to the ordinary person; or
(8)  is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.