Do Texas HOAs Have Power to Limit Display of Political Signs?

San Antonio HOA Lawyer Trey Wilson wrote:

With presidential elections in full swing, political signs are a common sight these days. Campaign signs appear on almost every corner, but did you know that Texas law authorizes HOAs to regulate and limit the display of political signs?

Section 202.009 of the Texas Property Code governs HOA regulation of political display signs, and authorizes property owners' associations to adopt restrictive covenants prohibiting  a property owner from displaying on the owner's property  signs advertising a political candidate or ballot item for an election with the following limits:

No restriction may be adopted or enforced which prohibits the display of political signs on private property:

(1)  on or after the 90th day before the date of the election to which the sign relates; or

(2)  before the 10th day after that election date.

An HOA may, however, enforce or adopt of a covenant that requires a sign to be ground-mounted; or limits a property owner to displaying only one sign for each candidate or ballot item.

An HOA may also enforce or adopt of a covenant that prohibits (and is allowed to remove) a sign that:

(1)  contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component;

(2)  is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object;

(3)  includes the painting of architectural surfaces;

(4)  threatens the public health or safety;

(5)  is larger than four feet by six feet;

(6)  violates a law;

(7)  contains language, graphics, or any display that would be offensive to the ordinary person; or

(8)  is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.