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 Michigan, the regulation of yard signs, including those for political purposes, is influenced by both state statutes and local ordinances. While the First Amendment protects individuals from government interference with free speech, this does not directly restrict private entities like homeowners' associations (HOAs). However, Michigan law does provide some protections for political signs on private property. For instance, Michigan's laws generally allow homeowners to display political signs during election periods, but HOAs and local governments may impose reasonable restrictions regarding the size, number, and duration of sign display. These restrictions might include limitations on how long before and after an election signs can be displayed, as well as aesthetic or safety considerations. Non-political signs, such as those advertising a business or warning against trespassing, are more heavily regulated and may require permits or be subject to more stringent HOA or local government rules. It's important for residents to check with their local municipality and HOA for specific regulations that apply to their area.