Homeowners associations can no longer dictate when residents put up political yard signs thanks to a Vancouver couple’s lawsuit.
Under Washington state law, homeowners associations cannot ban people from displaying political yard signs before an election. But the law doesn’t specify how long before.
That spurred an argument between Janet and Phil Landesberg and the Fairway Village Homeowners Association that made its way to the Washington Court of Appeals, which ruled in favor of the couple April 9.
According to the court’s decision, a homeowners association created prior to 2018 cannot impose time limitations on the display of political yard signs before an election.
Additionally, the same couple worked with the Uniform Law Commission this year to amend a statute so that a homeowners association created after 2018 also cannot enforce time limitations on the display of political signs before an election. The amendment takes effect July 6.
Washington law still allows a homeowners association to impose time restrictions on the display of political signs after an election.
Background
In 2005, the state Legislature passed the law that forbade homeowners associations from making neighborhood rules that prohibit owners or residents from displaying political yard signs “before any primary or general election.”
The law also says a homeowners association may include “reasonable rules and regulations regarding the placement and manner of display of political yard signs.”
The lawsuit centers on whether the terms “placement” and “manner of display” encompass “time.”
In 2021, the Landesbergs placed a yard sign in front of their home in Fairway Village supporting John Blom, a candidate for Vancouver City Council. Fairway Village is a 55-and-older community in east Vancouver that was created in 1982.
The Fairway Village Homeowners Association board of directors ordered the Landesbergs to take the sign down because it was up more than 60 days before the election.
The couple took the homeowners association to court, arguing state law doesn’t grant it the authority to establish a time threshold for their sign.
Reversed decision
Janet Landesberg is a retired administrative law judge and current Democratic precinct committee officer.
The Landesbergs moved to Fairway Village in 2015. A year later, the Fairway Village Homeowners Association board of directors added a time restriction on political yard signs to a home improvement manual.
“No public announcement was made that the home improvement manual now contained a 60-day time restriction for the display of political yard signs,” Janet Landesberg said.
In April 2019, the Landesbergs placed political signs supporting then presidential candidate Joe Biden and 3rd District Congressional candidate Carolyn Long in their yard. The homeowners association asked them to remove the signs until 60 days before the election.
The Landesbergs challenged the board on the legality of the 60-day rule. The board referred the matter to a committee in charge of rewriting and correcting the rule. Janet Landesberg was appointed to the committee, but the board did not adopt the committee’s proposed changes.
Then, in 2021, after the homeowners association asked the Landesbergs to remove their John Blom sign, the couple filed suit.
The trial court ruled in favor of the Fairway Village Homeowners Association. The Landesbergs appealed and won. The appellate court ruled the law “unambiguously disallows an HOA from prohibiting the display of political yard signs before an election.”
The decision arrived the day after Janet Landesberg’s 72nd birthday.
“You can’t put a time limit on free speech,” she said. “It was the best birthday present ever.”
HOA response
The Fairway Village Homeowners Association argues the decision will lead to “the display of political yard signs year-round.”
“We are disappointed and disagree with the Court of Appeals decision,” Fairway Village Homeowners Association board President Lynn Williams said in an email. “Based on the decision, HOAs lose the option of reasonable time restrictions for political signs that also promote aesthetically pleasing and peaceful communities.”
Williams said the board is concerned the decision will increase “political divisiveness” in the community and may impede the homeowners association’s ability to create a shared community experience.
A poll conducted by the board showed that most residents favor “reasonably limiting the display of political signs prior to elections for these reasons,” Williams said.
“Consequently, HOAs may be less appealing for homeowners if aesthetics and community peace can no longer be preserved by reasonable mutual agreements of HOA members,” Williams said.
She added the board is considering next steps.
Janet Landesberg said while some people may not like seeing the signs, disallowing them “is taking people’s rights away.”
“This decision is good for everyone,” she said.
