Section 18.4 of the Il Condominium Property Act gives the power and duty to a board of directors of a condominium association “to adopt and amend rules and regulations covering the details of the operation and use of the property…” This would include the ability of an association to restrict signage. The act goes on to read “However, no rule or regulation may impair any rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article I of the Illinois Constitution including, but not limited to, the free exercise of religion, nor may any rules or regulations conflict with the provisions of the Condominium Property Act or the condominium instruments.”


Condominium associations can adopt rules which would prohibit any type of signage including political signs on the common property. This type of restriction would make sense, after all, when you consider the “front yard” of a condominium is owned by all members. Placing political signage in the common areas would unlikely be an expression of shared beliefs of all unit owners living in the community. However, it is debatable on whether banning political signage in limited common elements (i.e. balconies and windows) would ultimately be enforceable by rule alone.


Similarly, the rulemaking authority of Common Interest Communities (i.e. Homeowners Association, Property Owners Association, etc.) is typically found in their Declaration of Covenants or Bylaws. The Declaration of Covenants may also include signage restrictions which would apply to private lots and yards. These associations, too, can prohibit signage in common areas.


So how can an association gain some control and order over allowable signage during election season?


• Adopt reasonable rules – When adopting any type of rule, make sure it is reasonable and can be enforced. Some examples of reasonable and enforceable rules for signage include size and material limitations, or limitations on the quantity of signs in a yard or locations if in a condominium association. Finally, restricting the time frame in which the sign can be displayed. For example, signs can only be displayed 14 days prior to the election and must be removed within 48 hours after the election.


• Advertise & Educate – In the months and weeks leading up to the election, publish in your community newsletter and email blasts rules regarding signage. Especially if your community allows signage, advertise the rules heavily. This community manager author has seen more results by publicizing what you CAN do versus what you CAN’T do.


• Enforcement – When there is a violation of signage rules, send notice of such. Like any other association rule, the board of directors has an obligation to enforce it. Be sure


to perform a community-wide inspection of political signs before citing just one or two in order to avoid the perception of political favoritism or discriminatory behavior.


Follow


your policy including any applicable fines after notice and opportunity for a hearing.


• Know Local and State Laws – Know the local and state laws related to political signage. The association can be more restrictive than, but not conflicting of, these laws. You also can look to local municipalities for support or align the association rules with these. For example, the Campaign Sign Regulation Act restricts size, number, and location of signs plus prohibits campaign signs in public ways, utility rights-of-way, easements, or any public property. Or if your community clubhouse or recreation center is a polling place, understand the signage allowances for the day of the election.


While we cannot prevent the massive littering of political signs everywhere, it can be controlled within a community association. Reducing this type of visual clutter helps to maintain property values which is a primary benefit an owner who lives in a community association can enjoy.


Transform your property


into a smart community. The future of connected living is here.


   


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