Question:
Our HOA has a declaration that says that no signs of any kind may be displayed to public view on any Unit except as used by the Declarant in accordance with Section l 1.2 of the Declaration, or approved by the Association or its designated committee.
The Declarant is no longer part of the HOA. I would like to confirm that the declaration’s current language is adequate to legally prohibit political signs and avoid the associated “freedom of speech” issues.
Also, with the absence of the Declarant, this declaration seems to prohibit any and all signs, including “For Sale” signs posted by the Unit Owners. I’d like to know if our HOA can approve of certain signs, while prohibiting vulgar, profane, obscene, or offensive language on them, as well as legally prohibit any/all political signs.
I’d also like to know of effective language that can amend the declaration to allow political signs, but without vulgar, profane, obscene, offensive language on them.
I’d like information on Pennsylvania’s rulings that community associations were within their jurisdiction as private entities to restrict the placement of political signs (as cited on your website). Would you please either send me appropriate pdfs or website links, including case law/studies?
– Rick
Answer:
It is best to amend your governing documents to incorporate language designed to regulate signs in your community. The Pennsylvania Uniform Planned Community Act stipulates the powers of unit owners’ associations. As a general rule, Section 5302 gives associations the ability to adopt and amend rules and regulations, among other things. When amending your governing documents, it is recommended to seek help from a lawyer to avoid conflicts with existing provisions and ensure proper language is used.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
