rule is attempting to govern content or speech. And during this time of COVID-19, displaying signs has become a form of self-expression where other forms are limited.
issues, on or within a unit or limited common element...”
https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.510. (WUCIOA applies only to communities that were created on or after July 1, 2018 or that opt into the statute.)
However, both statutes permit associations to adopt certain “reasonable rules and regulations regarding the placement and manner of display of political yard signs.” WUCIOA size, number, and manner of” signage.
In recognition of the HOA Act’s requirements, most homeowners’ associations’ covenants also include language authorizing political signs, often with greater detail regarding the time period during which display is allowed, and the size and location of permissible signs.
Election Vs. Political Signage
Unfortunately, however, the applicable statutes and most if not all governing documents do not contemplate the situations we face now in which people wish to display signs of an arguably political nature that are not relating to an election or ballot measure. Likewise, they do not appear to anticipate situations in which a person feels so passionate about a candidate or
Meanwhile, politics are at a particularly polarizing time in our nation’s history. People feel strongly for or against a candidate, measure, or message in a manner in arguably unprecedented ways.
are lenient about signage enforcement, communities may be littered with signage. And residents who disagree with the content of the signage may take issue. If boards are conservative about allowing displays, those who wish to display signage may object.
political sign. Most homeowners’ associations have typically
message supporting or opposing a candidate or ballot measure that will be on an upcoming primary or general applicable HOA Act and WUCIOA language.
But a political sign could also be interpreted broadly to mean signs that support a movement or a cause, such as broadly reduces the chance of a challenge that the signage rule is attempting to govern content or speech. And during
Providing Leeway
It is generally understood that the First Amendment free speech protections found in the state and federal constitutions do not apply to private homeowners’ associations. However, it is generally a good idea to avoid being the “test case” community subject to a new court determination that the First Amendment does apply. For that reason, it is advisable to allow “free speech” and avoid regulating content so long as it does not reach the
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