Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Judiciary Committee |
SB 5083
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Title: An act relating to political yard signs in homeowners' associations.
Brief Description: Concerning the display of political yard signs in homeowners' associations.
Sponsors: Senators Benton, Shin, Carrell, Kline and Hasegawa.
Brief Summary of Bill |
|
Hearing Date: 3/28/13
Staff: Omeara Harrington (786-7136).
Background:
A homeowners' association is an organization consisting of the property owners within a residential development. Homeowners' associations generally levy and collect assessments, manage and maintain common property for the benefit of the residents, and enforce covenants that govern developments. The authority to carry out these functions comes from governing documents, such as the declaration of covenants, conditions, and restrictions. A person who purchases property within a subdivision governed by a homeowners' association becomes a member of the association and generally must abide by the restrictive covenants.
Restrictive covenants in governing documents may regulate such matters as the architectural design of homes, schemes of landscaping, the size of mailboxes, and the placement of satellite dishes or antennas. Governing documents cannot 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. However, reasonable regulations may be imposed on the placement and manner in which the sign is displayed.
"General election" is defined in statue as an election required to be held on a fixed date recurring at regular intervals, and "primary election" is defined as a procedure for winnowing candidates for public office to a final list of two as part of a special or general election. In addition to primary and general elections are "special elections," which are defined as any election that is not a general election.
Summary of Bill:
The statute stating that a homeowners' association's governing documents may not prohibit the outdoor display of political yard signs before any primary or general election is modified. The governing documents may not prohibit the display of political yard signs before any public election, rather than before any primary or general election.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.