A few weeks ago, we hired a contractor to do some painting at our house. As many contractors do, he put a sign in our yard while he was there. He didn’t ask us for permission, but if he had we would have given it to him. A few days later, in fact after the painter and his sign were gone, we received a nastygram from our homeowner’s association informing us that our covenants prohibit any signs in the yard other than a sign advertising the property for sale. I noticed that there is no exception for political signs, and I wondered why we had not received a nastygram a few years ago when we put a candidate’s sign in our yard before an election.
I now know the answer to that, thanks to a recent Face Book post from my friend, Greg Purvis, an attorney at Spangler, Jennings, & Dougherty, P.C.
Greg pointed out that Indiana law, specifically Ind. Code § 32‑21‑13‑4,* prohibits homeowners’ associations from adopting or enforcing rules prohibiting certain types of signs on a homeowner’s property from thirty days before an election until five days after an election. It applies only to signs that meet one or more of the following descriptions: