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 Virginia, the right to display political yard signs is protected under both the First Amendment and state statutes, which provide a framework for homeowners' associations (HOAs) and local governments to regulate but not outright prohibit such signs. Virginia law allows residents to place political signs on their property, but HOAs and local ordinances can impose reasonable restrictions on the size, number, and duration of sign display. For instance, they may limit the time frame in which signs can be displayed in relation to an election period and require that signs be removed shortly after an election. However, these regulations must not infringe upon the fundamental right to political speech. Non-political signs, such as those advertising a business or warning against trespassing, do not enjoy the same level of protection and can be more strictly regulated by HOAs and local governments, which may include permit requirements or restrictions on the type and manner of signage.