Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In Florida, the regulation of yard signs, including those endorsing or opposing political candidates or issues, is influenced by both the First Amendment and state statutes. While the First Amendment protects against government interference with free speech, it does not directly restrict actions by private entities like homeowners' associations (HOAs). However, Florida law does provide some protections for political signs on private property. Florida Statutes Section 720.304(2)(a) allows homeowners to display political signs any time, but the HOA may regulate the size, number, and duration of these signs, provided the regulations are not more restrictive than those for other types of signs. The statute also allows for the removal of signs that are more than 10 days past the applicable election. For non-political yard signs, such as those advertising a business or warning trespassers, HOAs and local governments may impose more stringent restrictions, which can include the need for permits or adherence to specific size and placement regulations. Additionally, signs in the public right-of-way (ROW) may be subject to local government regulations, which can vary by municipality.