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 Utah, the regulation of yard signs, including those for political purposes, 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 HOAs or neighborhood organizations. However, Utah law does provide some protections for political signs on private property. Utah Code Section 10-9a-513 limits the ability of municipalities to restrict political signs, except under certain conditions. These conditions may include regulations on the size, number, and duration that signs can be displayed, typically allowing them to be posted for a certain period before an election and requiring their removal shortly after. For non-political signs, such as those advertising a business or indicating a property is for sale, HOAs and local governments may impose more stringent regulations, which can include the need for permits or adherence to specific aesthetic guidelines. It's important for residents to check with their local city ordinances and HOA rules to understand the specific restrictions that may apply to yard signs in their area.