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Can your HOA regulate political signs?

On Behalf of | Oct 22, 2024 | Commercial Real Estate |

With election seasons bringing heightened political activity, homeowners often display political signs to express support for candidates or causes. But can a Homeowners Association (HOA) restrict these signs? 

In Michigan, HOAs have some authority over political signs, but their powers are limited by law.

Michigan law on political signs

In Michigan, political signs are protected under state law and federal free speech principles. The Michigan Condominium Act and Homeowners Association bylaws often govern what HOAs can or cannot regulate. 

However, HOAs must balance enforcing neighborhood aesthetics with respecting homeowners’ free speech rights. Michigan law does not explicitly prevent HOAs from imposing restrictions, but regulations must be reasonable and content-neutral and cannot completely prohibit political expression.

What restrictions are allowed?

While an HOA in Michigan cannot ban political signs outright, it can impose reasonable restrictions on size, placement and duration. For example:

  • Size Limits: HOAs may limit the size of political signs to maintain neighborhood aesthetics.
  • Placement Guidelines: Some HOAs may restrict the placement of signs to certain areas, such as within the homeowner’s property, but not in common spaces.
  • Time Restrictions: HOAs can specify when signs are allowed, such as within a specific window before and after an election.

Protecting your rights

If you believe your HOA is imposing unreasonable restrictions, you can challenge the rules by reviewing the HOA’s bylaws and state law and consulting legal resources. Homeowners may also petition their HOA board to amend its sign policies or raise concerns during meetings.

While HOAs in Michigan have some power to regulate political signs, they must ensure their rules are not overly restrictive or discriminatory. Understanding your rights and HOA’s bylaws will help ensure a smooth election season without unnecessary conflicts.