By Benjamin J. Rooney, Attorney
Keay & Costello, P.C.
Wheaton, IL

Whether we like it or not, over the past few months it has been impossible to escape the onslaught of political ads for the upcoming presidential election. These ads bombard us from every angle, whether it be from television, radio, or online. But for many of you, it does not end there. Owners in your community association are displaying political signs to show their support (or disapproval) of one candidate or another.

For community association boards looking to regulate these political signs, it is important to keep two principles in mind. The first is that any rule it adopts must be reasonable, nondiscriminatory and applied uniformly. Secondly, displaying a political sign, whether it be for a national, state, local, or community association election, is a form of speech. In this country, we have a long history of going to great lengths to protect all speech, particularly political speech. This is not only evidenced by both the United States and Illinois constitutions (which typically only apply to governmental actors), but by the Illinois Condominium Property Act, which specifically prohibits a board from adopting or enforcing a rule or regulation that “may impair any rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article I of the Illinois Constitution.” While most agree that community associations can regulate signs, associations need to make certain that its rules are not unreasonably infringing on an owner’s right of political speech.

While other states have adopted laws defining how a community association may restrict political signs, Illinois has not. With the above principles in mind, we are left to speculate as to what types of political sign restrictions a court would deem reasonable. When it comes to common elements or property owned by the association, outright prohibitions against erecting signs would likely be reasonable. As for restrictions concerning the display of political signs on the owner’s property, or in areas exclusively controlled by a single owner (i.e., balcony or yard), the answers become less clear. An outright prohibition of political signs in these areas would almost certainly be deemed unreasonable. Most likely, reasonable restrictions concerning when political signs can be posted would be deemed reasonable. For Example, Arizona law states that an association may not prohibit the display of political signs 71 days before the day of an election or later than 3 days after an election. Similarly, a reasonable restriction on the size and number of signs an owner may display on their property (or property the owner exclusively controls) would likely be enforceable.

Due to the great protections afforded to political speech, the lack of guidance in Illinois, and the passion that owners can have for, or against, the display of political signs, I highly recommend that any community association considering the adoption of rules concerning political signs to consult its attorney prior to adopting them.