After a hard-fought, tumultuous campaign year, the 2020 election has passed. What should property owners associations do to address the remaining signs, and what should they be thinking about to prepare for the next election?

Before the election, we discussed how Section 259.002 of the Texas Election Code limits the ability of associations to restrict political signage within their communities while also offering a guideline for the removal of signs for those associations with general rule making authority, or a restrictive covenant against signs in place. The Election Code allows the association to begin enforcing their covenants and policies 10 days after the election. But what about associations who do not have a policy, or covenant in place regarding signage?

As discussed previously, if you do not have a sign policy complying with the Texas Elections Code, many of the Elections Code’s protections cannot be used to address non-compliant political signs. So, for those associations without sign policies, now is the time to begin drafting and implementing a policy.

Our next election is November 2, 2021 with the mid-term elections, featuring the Texas Governor’s race, the following November. Your association should begin preparing for those election seasons now by ensuring a policy, or covenant is in place to reference in the event enforcement is required. Without a policy in place, enforcement may prove to be tricky and potentially costly for the association. If you have questions, please contact your association’s legal counsel for more information on policies and enforcement of signage in your association.