Background. Canterwood’s CC&Rs, particularly section 10.19, limit the use of signs within the development. No allowance is made for political yard signs. The CC&Rs were originally recorded in the 1980’s and were last amended in the early 1990’s. Subsequently, the Washington State legislature enacted a body of law governing homeowner’s associations (RCW 64.38) which provides, among other things, that the association’s governing documents (Articles, By-Laws, covenants, rules, restrictions, and the like) may not prohibit outdoor display of political yard signs by an owner or resident on the owner’s or resident’s property before any primary or general election. Provisions in governing documents that are inconsistent with the statutory terms are void and unenforceable. The association and its governing documents may, however, include reasonable rules and restrictions regarding the placement and manner of display of political yard signs.
The statute. RCW 64.38.034(1) provides: “The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner’s or resident’s property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs.”
Each political yard sign must comply with each of the following statutory requirements/limitations:
- Signs must be political in nature.
- Signs must be located outdoors.
- Signs must be located on the owner’s or resident’s property.
- Signs may be displayed only prior to a primary or general election.
- Signs must be related to a primary or general election.
- Signs must relate to a candidate or issue on the primary or general election ballot.
- Signs shall not be displayed more than 60 days before the primary or general election.
- Sign size shall not exceed 18” x 24”.
- Only one sign per candidate or issue is allowed.
- No lighting or illumination of the signs, or electronic signs, are allowed.
- Signs must be located safely and reasonably on the property (for example, not in a manner that would obstruct pedestrian or vehicle traffic or lines of sight).
- Signs must be removed within 7 days after the election.