Is it legal for a homeowners' association in Minnesota to restrict political signs in yards?

Answer 1

Ask your association to provide the state statute they're using to prohibit your political signs. They may be able to dictate size, placement and the duration of exposure, but denying your right to display signs can be challenged.

Answer 2

The U.S. Supreme Court has ruled that governmental entities like cities can't stop homeowners from displaying political yard signs but a homeowners association is not the government. Rather, it's a group of homeowners who have voluntarily agreed to abide by the rules promulgated by the homeowner's association.

Generally, when prospective homeowners purchase a home in a planned community with restrictive covenants, they are asked to sign a document pledging to comply with the provisions in the covenants. Generally, the covenants have been recorded in the land records creating both notice and an encumbrance on the land.

If those covenants prohibit political yard signs the homeowner who wants to post a sign may find they have a legal battle on their hands.Posting the sign may violate the property rights of others in the community. Other property owners have the right to the enforcement of the restrictions, conditions and provisions set forth in the homeowners declaration.

You should consult with an attorney in your area who is familiar with your state laws regarding this issue.