A property owners' association generally may not enforce or adopt a covenant that bars a property owner from displaying election signs on the owner’s property during the protected election window.
Sec. 259.002. REGULATION OF DISPLAY OF POLITICAL SIGNS BY PROPERTY OWNERS' ASSOCIATION. (a) In this section, "property owners' association" has the meaning assigned by Section 202.001, Property Code. (b) Except as otherwise provided by this section, a property owners' association may not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner's property one or more signs advertising a candidate or measure for an election: (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. (c) This section does not prohibit the enforcement or adoption of a covenant that: (1) requires a sign to be ground-mounted; or (2) limits a property owner to displaying only one sign for each candidate or measure. (d) This section does not prohibit the enforcement or adoption of a covenant that prohibits 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. (e) A property owners' association may remove a sign displayed in violation of a restrictive covenant permitted by this section. Added by Acts 2005, 79th Leg., Ch. 1010 (H.B. 873), Sec. 1, eff. June 18, 2005. Transferred, redesignated and amended from Property Code, Section 202.009 by Acts 2019, 86th Leg., R.S., Ch. 824 (H.B. 2554), Sec. 3, eff. September 1, 2019.