Political signs lining neighborhood streets are commonplace during election season, but in some Johnson County neighborhoods, there are few or none to be found.
Local party leaders have heard of about 20 cases in multiple neighborhoods of local homeowners associations (HOA) asking residents to take down their political signs. In many cases, HOA leaders said residents were asked to take down signs because they did not get permission to display them.
Indiana law says they don’t have to.
While knocking on doors and holding meet and greets with voters, Johnson County GOP Chair Beth Boyce and State Rep. Woody Burton (R-Whiteland) have heard many complaints to this effect, residents saying they can’t accept signs because they’re not allowed to display them.
Burton is actually an author on the 2014 bill that prohibited HOAs from restricting yard signs. But this election, he has heard from about 20 people who have had this experience. Burton, who is not seeking re-election after serving in the statehouse for 32 years, came across the homeowners while campaigning for candidates.
Given the law is six years old now, Burton was surprised by how many people are unfamiliar with it, he said.
When local Republicans discovered this was an issue, they took action, telling homeowners about the law, passing out copies of the statute and posting it on social media, Boyce said.
“I want people to know the law. I don’t care what side of the aisle you’re on, I want people to know they can put out signs,” Boyce said.
The law says that homeowners are entitled to put out a “reasonable” number of yard signs 30 days prior to and five days following an election.
Chris Schoettle, who lives in the White River Township subdivision Bradford Place, and another neighbor are two local residents frustrated by their HOA.
Schoettle first put up a sign in his window in August but was asked to take it down. That was at a time when HOAs could prohibit political signs, so he did.
But when Schoettle again placed the sign in his yard Oct. 3 — exactly 30 days prior to the election — he was asked to take it down again, he said. Knowing his rights, Schoettle never took down the sign and added another to his window a few days later, he said.
In an email, an HOA representative asked that the sign be taken down because yard signs cannot be placed without first asking permission, according to the HOA’s bylaws and covenants.
The law, though, was written with specific language that does not allow HOAs to refuse signs under a covenant, Burton said.
“We wrote the law very specifically; nobody can stop them if it is 30 days before the election or five days after. Not even if it is in the covenant,” Burton said.
Under the law, HOAs are allowed to regulate where in the yard signs can be placed, the number of signs and the size of signs.
The HOA representative used all three of the law’s exemptions as grounds for again asking Schoettle to take down the sign, the email says.
Schoettle takes exception to the HOA’s request and has hired an attorney to challenge its rules.
“Why would I have to submit a request to do something I’m allowed to do by law?” Schoettle said.
Bradford Place HOA leaders say the covenant’s rules should still apply to political signs, said David Mills, treasurer. The HOA has discretion over other yard signs, many of which are on display when driving through the neighborhood, including “A HERO lives here” and religious signs. So political signs should be no different, he said. The HOA board wants to maintain its pre-approval process regardless of what type of sign it us, to make sure no large, potentially view obstructing display is put out, he said.
For the HOA, the political sign debate is a chicken and egg problem. If the homeowner had simply asked permission first, there would be no issue with any display a homeowner has out right now, Mills said.
Though the law allows HOAs some latitude, Burton urged HOA leaders to be “good leaders,” not “dictators” and allow homeowners to express their political opinions freely on their properties.
Local party leaders also heard from a few renters who were told to take down signs. For rental properties, however, landlords do have the ultimate authority and can forbid signs, Burton said.
