Election Season is upon us, and with the presidential elections approaching in 2024, it is a good time for Indiana community associations to review their policies with regard to political signs.  Many community associations have specific sign prohibitions in their governing documents; however, Indiana Code 32-21-13 makes specific exceptions for political signs during an election period. 

The types of signs permitted under the statute are signs that advocate for the election or defeat of one or more candidate(s) running for nomination or election to public office.  Signs that support or oppose a political party or a political party’s candidate, or signs that show approval or disapproval of a public question are permitted.  Examples of public questions are items such as school levies, referendums, or other voting items placed on the ballot.

The statute requires the association to allow the posting of political signs on the member’s property a minimum of thirty days prior to an election.  It also states that associations must allow political signs to remain at least five days after the election.  These are the minimum requirements; if the association chooses to adopt rules allowing signs to be posted for longer periods of time before and after the election, it is free to do so.  The association cannot require a shorter time period than what is permitted by the statute.

The association may adopt and enforce reasonable rules regulating the size of the sign, the number of signs, and the location of signs.  The minimum size of the signs allowed under the statute are those signs that are commonly displayed during election campaigns.  The association may also limit the number of signs provided that the number allowed is reasonable. The association may limit location and placement so long as the rule, at minimum, allows the owner to post a sign in the owner’s window or on the ground that is part of the homeowner’s property.

The statute provides that any signs placed in violation of reasonable association rules and regulations may be removed by the association. Additionally, any signs placed in the common areas owned by the association may be removed.    

Associations must also be aware that the statute allows for political activity within the community unless the community is gated or the roads are all privately owned and maintained.  This means that candidates, elected officials, or volunteers working for the candidate may canvass the neighborhood to talk about the candidates and solicit votes if the community is ungated and the streets are public roadways.

Association covenants do not always contain specific language applicable to political signs. Thus, it may be advisable for associations to consider adopting a written policy to regulate and govern political signs during election season, including the establishment of regulations governing size, location, and number of signs.