North Carolina law restricts when homeowner associations can ban political yard signs, a live question in Ballantyne neighborhoods as Election Day approaches Tuesday, Nov. 3.

HOAs can regulate political signs, but only if their governing documents meet specific legal requirements. Those requirements hinge on a single date, as Charlotte Observer reporter Anna Roman detailed Oct. 22.

The Oct. 1, 2005 dividing line

Under North Carolina General Statute 47F-3-121, HOAs with covenants recorded before Oct. 1, 2005, can restrict political signs only if the documents specifically use the term "political signs." A blanket ban on all "signs" is not enough, according to Ward and Smith, a North Carolina law firm with six offices statewide.

HOAs with covenants recorded on or after Oct. 1, 2005, face a stricter test. Their governing documents must carry a specific disclaimer on the front page, printed in boldface, all capital letters and no smaller than the largest type used elsewhere in the document. The required language: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS."

That front-page disclaimer alone is not enough. The document must also contain internal language spelling out the restrictions, according to Ward and Smith.

What HOAs can still do

Even when covenants lack the required language, boards retain some power. Under the statute, a board can prohibit political signs earlier than 45 days before an election and require removal no later than seven days after.

"The rule may also regulate the size and number of political signs allowed to be displayed on a lot or condominium unit," Ward and Smith stated in its analysis. "But be careful! The Board cannot promulgate a rule that is more restrictive than a local political sign ordinance."

If no local ordinance governs sign size and number, the HOA must allow at least one political sign measuring up to 24 inches by 24 inches per property, according to the statute.

The law applies only to property owned exclusively by the homeowner. Common areas, easements and rights-of-way are not covered.

What counts as a 'political sign'

The statute defines a political sign as "a sign that attempts to influence the outcome of an election, including supporting or opposing an issue on the election ballot." That definition is narrow. Not every sign with political rhetoric qualifies, particularly flags or banners displayed outside the election period, Ward and Smith noted.

Flags get separate protection

U.S. and North Carolina flags have their own protections under the same statute. The right to fly either flag is protected unless the HOA's declaration of covenants contains specific key phrases, according to Law Firm Carolinas, a North Carolina firm. If the required language is absent, the association must allow a U.S. or state flag up to four feet by six feet.

What to check before Nov. 3

Residents who want to display a yard sign should review their HOA's declaration of covenants or CC&Rs. The key question: does the document specifically address political signs using the language the statute requires? If not, the HOA's ability to enforce a ban may be limited.

Early voting is underway. Under state law, HOAs can require political signs come down within seven days after Election Day.