{"id":4449,"date":"2018-10-26T05:15:20","date_gmt":"2018-10-26T13:15:20","guid":{"rendered":"https:\/\/blog.caionline.org\/?p=4561"},"modified":"2018-10-26T05:15:20","modified_gmt":"2018-10-26T13:15:20","slug":"an-unbiased-unfiltered-guide-to-2018-midterm-election-signs","status":"publish","type":"post","link":"https:\/\/www.jerrybice.com\/wordpress\/an-unbiased-unfiltered-guide-to-2018-midterm-election-signs\/","title":{"rendered":"An unbiased, unfiltered guide to 2018 midterm election signs"},"content":{"rendered":"
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Getty Images\/Alexeys<\/em><\/p>\n

The 2018 midterm elections are less than two weeks away, which means, of course, campaign signs are popping up like dandelions in yards and along roads.<\/p>\n

These signs become a particular pain point for community associations every election season. Without fail, some communities end up on the evening news or in the local newspaper<\/a> for attempting to enforce their covenants on signs.<\/p>\n

We asked James A. Gustino<\/a>, a community association attorney in Winter Garden, Fla., to provide some guidance on the subject. What should associations do about the signs? This is what he had to say:<\/p>\n

Strict enforcement of association sign prohibitions, particularly as they relate to political signs on an owner\u00e2\u20ac\u2122s property during the election season, is almost always unwise.<\/p>\n

Check your state\u00e2\u20ac\u2122s highest court rulings and the specific \u00e2\u20ac\u0153freedom of speech\u00e2\u20ac\u009d verbiage in your state\u00e2\u20ac\u2122s constitution. Most federal and state courts currently don\u00e2\u20ac\u2122t protect political signs from association enforcement. However, the New Jersey Supreme Court issued a pair of decisions in 2012 and 2014 protecting political speech. These opinions could influence other state courts considering similar legal issues in the future.<\/p>\n

Covenants restricting signs often incorporate exceptions for security, developer, \u00e2\u20ac\u0153for sale\u00e2\u20ac\u009d and other board-approved signs. Under such circumstances, an association actively enforcing bans against political signs is unnecessarily exposing itself to charges of selective or arbitrary enforcement. When a ban on signs is universal but an association permits residents\u00e2\u20ac\u2122 holiday decorations\u00e2\u20ac\u201danother kind of speech\u00e2\u20ac\u201dit also exposes itself to claims of selective or arbitrary enforcement. This nuance is often overlooked.<\/p>\n

Practically speaking, political signs usually are posted for just a few weeks. By the time the typical association cycles through its standard three noncompliance notifications, the signs will likely have been removed.<\/p>\n

Lastly, political beliefs and affiliations\u00e2\u20ac\u201dlike religious beliefs\u00e2\u20ac\u201dtend to produce strong feelings that lead to costly and time-consuming litigation. Even if litigation isn\u00e2\u20ac\u2122t the end result, is it sensible to pursue actions that invite unnecessary friction?<\/p>\n

I recommend that my clients permit political signs but enact reasonable time, place, and manner restrictions. For example:<\/p>\n