Client Alert: Regulation of Political Signs in Maryland Community Associations
Date: July 14, 2022
While Associations should generally not be involved in the politics of its members, there is one area where an Association’s role frequently intersects with the broader political climate – yard signs and displays. As both primary and general elections approach, many Directors, managers, and residents have questioned what can be regulated by their residential Association, and how to know if a stated rule is valid.
Authority to Regulate Political Signs
Under the First Amendment, government entities including towns and counties may not interfere with expressions of political speech. Bell v. Baltimore Cnty., MD, 550 F. Supp. 2d 590, 592 (D. Md. 2008). In February of 2007, the American Civil Liberties Union brought suit against Baltimore County for its restrictions on political campaign signs. The challenged restriction prohibited campaign signage more than 45 days prior to any primary election, and required the signs to be taken down no more than 7 days after an election’s conclusion. A federal judge struck down Baltimore County’s political campaign sign ordinance due to its durational limits which violated First and Fourteenth Amendment protections. Both Anne Arundel and Montgomery Counties have substantially revised their political campaign sign ordinances after the court’s ruling in Bell. In these two counties, the Acts will control an Association’s permitted regulation on duration of the display of political signs. Baltimore County and Prince Georges County, however, still maintain durational limits for political signs in their county codes, which will overrule the Act’s regulation on political signage in these regions.
Unlike government entities, Condominiums and Homeowner Associations are generally not subject to federal constitutional restrictions. See, e.g., Midlake on Big Boulder Lake, Condominium Ass'n v. Cappuccio, 673 A.2d 340 (Pa. Super. 1996). See also Committee for A Better Twin Rivers v. Twin Rivers Homeowners' Ass'n, 929 A.2d 1060 (N.J. 2007) (HOA may restrict the rights of its members to display political signs on their lawns as a matter of state constitutional law). Courts have held that it is not unconstitutional to restrict signs in a residential neighborhood by way of private agreement. See Linn Valley Lakes Prop. Owners Ass'n v. Brockway, 824 P.2d 948 (Kan. 1992). Additionally, the enforcement of these restrictive covenants does not create unconstitutional state action under the First Amendment. Associations are free to limit expressions of political speech by way of signage restrictions. Of course, these restrictions must generally be politically neutral, and in compliance with applicable state and county property laws.
Maryland Law and County Sign Ordinances
When a local ordinance does not specify requirements for political campaign or candidate signs, the sign requirements found in the Maryland Homeowners Association Act (MD Code Annotated, Real Property Article, §11B-101 et seq. Hereinafter “HOA Act”) or Maryland Condominium Act (MD Code Annotated, Real Property Article, §11-101 et seq. Hereinafter “Condo Act,” and together with the HOA Act, the “Acts”) are controlling on Homeowner Associations and Condominiums in Maryland. The Acts provide that an Association may restrict the display of a candidate sign if:
[A] limitation to the time period during which signs may be displayed is not specified by a law of the jurisdiction in which the [association] is located, to a time period not less than: (i) 30 days before the primary election, general election, or vote on the proposition; and (ii) 7 days after the primary election, general election, or vote on the proposition. HOA Act § 11B-111.2, Condo Act § 11-111.2.
Baltimore County
Although its ordinance was declared unconstitutional in Bell and may not be enforced, Baltimore County’s Political Sign Ordinance is still on the books. Its specific language is as follows:- Political campaign signs, if required by state law to contain an authority line on behalf of a candidate or political issue, may be erected on private property no earlier than 45 days prior to any primary election.
- Political campaign signs must be removed within seven days after the closing of the polls following any primary election by any unsuccessful primary candidate and within seven days after the closing of the polls following any general election by all other candidates. Baltimore County Zoning Reg. Article 4 § 450.7F.
Prince Georges County
The Prince George’s County Code of Ordinances outlines the permitted use of public interest events and campaign signs in all zones of the County. See Price George's County Code of Ordinances, § 27-590. Despite the ruling in Bell, the ordinance still maintains that public interest events and campaign signs may be erected forty-five (45) days prior to the election. Prince George’s County Code of Ordinances § 27-628. Additionally, the Code provides that signs shall be removed within ten (10) days after the general election, or within 10 days after the primary election if the candidate is not successful. Like Baltimore County, this code meets the Acts’ definition, and will serve as the time period to which Association’s in Prince George’s County may restrict political signs.
Anne Arundel County
The Anne Arundel County Code’s signage requirements have been amended to no longer create content specific signage restrictions. The original code’s language did not allow for a campaign sign to be posted more than 60 days before an election. There was also a requirement that the sign be removed within seven days of the conclusion of an election. The language no longer distinguishes a sign’s content, though an acceptable duration is still specified. The Anne Arundel County Code explicitly states:
A temporary sign that is unrelated to an event may not be displayed for more than two periods of 60-consecutive days in any 12-month period. A temporary sign that is related to an event may not be displayed for more than 60 days before the start of the event and shall be removed within 7 days after the conclusion of the event. Anne Arundel County Code § 18-3-306.
Here, the new language reflects the arguments of the ACLU in Bell, which emphasizes that political speech is entitled to the highest degree of protection under the First Amendment, and if a regulation is content based, it must be narrowly tailored to promote a compelling governmental interest, otherwise a less restrictive alternative that would serve that purpose must be used. Bell, 550 F. Supp. 2d 590. Because property owner Associations are permitted to be more restrictive than governmental actors, and because this ordinance is still in effect, the Acts’ time limits will be overruled by Anne Arundel County’s 60-day time limits on any sign’s display.
Montgomery County
Montgomery County regulates the location, height, and construction of all signs placed for public view. See Division 6.7 of the Montgomery County Zoning Ordinance. Like Anne Arundel County, there are no distinctions for the contents of signs. There are also no time limits for the display of a sign. A sign is either categorized as a temporary or limited duration sign. The date of erection of a temporary sign must be written in indelible ink on the lower right corner of the sign. See § 6.7.12 of the Montgomery County Zoning Ordinance. A sign without this information is a permanent or limited duration sign under Division 6.7. See § 6.7.12 of the Montgomery County Zoning Ordinance. A permit is not required for a limited duration sign on private property. The number of signs, area and placement restrictions allowed are the same as for a temporary sign in the zone in which the sign is erected; however, in residential zones, the maximum sign area of all limited duration signs on a lot or parcel is 10 square feet. See § 6.7.11 Montgomery County Zoning Ordinance. Because no specific time limits are established by the Montgomery County Code, the Acts will control permitted regulations in this jurisdiction.
Conclusion
Although it is unlikely that a town or county government can enforce a time restriction on political signs, several counties still have such restrictions in place. In these instances, including Baltimore, Prince George’s, and Anne Arundel Counties, the HOA Act and Condo Act set the maximum restrictions that an Association can enact to be no more limiting than the County code. In other jurisdictions where no time limits are in place, the HOA Act and Condo Act directly establish the time to which an Association can limit the display of political signs to be 30 days prior to and 7 days after an election.
In any jurisdiction, restrictions must be included in an association’s recorded governing documents to be enforceable. If you have questions regarding the enactment, interpretation, or enforcement of political signage rules in your community, please contact your Whiteford attorney.
*Summer intern, 2022
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.