Texas law limits how a property owners' association may regulate two different forms of owner expression: political signs advertising a candidate or ballot measure, and religious items displayed or affixed on an owner's or resident's property or dwelling. The rules use different statutes, protected conduct, exceptions, and timelines. A board should classify the display before sending a notice instead of applying one generic sign or decoration rule.

Election Code Section 259.002 was transferred from former Property Code Section 202.009 in 2019. Property Code Section 202.018 addresses religious items and was materially amended in 2021. Older policies, violation templates, and online summaries may therefore cite the wrong section or repeat limitations no longer found in the current text.

This page is general board education, not legal, constitutional, election, fair-housing, architectural, enforcement, or municipal-sign advice. Texas association counsel should review the current statutes, governing documents, facts, and any city or county requirement before the association adopts a rule, removes a display, imposes a charge, or escalates enforcement.

Classify the display before applying a rule

  • Record the location, dimensions, materials, attachment method, date observed, message category, related election if any, and objective health, safety, easement, or property concern. Use photographs that show context without entering the lot or unit without authority.
  • A sign advertising a candidate or measure for an election belongs in the Election Code Section 259.002 analysis. A display motivated by a sincere religious belief belongs in the Property Code Section 202.018 analysis. A flag, ordinary commercial sign, seasonal decoration, architectural alteration, or display on common property may involve a different rule.
  • Do not ask a board volunteer to decide whether a belief is theologically correct. Escalate disputed sincerity, mixed messages, alleged offensiveness, safety, selective enforcement, disability, or constitutional issues to counsel.
  • Check the declaration and adopted rules for additional standards, but do not assume a recorded restriction can override the statutory protections.

Political signs - Election Code Section 259.002

  • Except as the section permits, a property owners' association may not enforce or adopt a restrictive covenant that prohibits an owner from displaying on the owner's property one or more signs advertising a candidate or measure for an election during the protected period.
  • The protected period begins on the 90th day before the election and continues through the ninth day after the election; the statute describes protection on or after the 90th day before the election and before the 10th day after it.
  • The association may require a sign to be ground-mounted and may limit an owner to one sign for each candidate or measure.
  • The statute permits a covenant to prohibit listed conditions, including specified nonstandard materials or decorations, attachment to plants or existing objects, painting architectural surfaces, threats to health or safety, a sign larger than four feet by six feet, an illegal display, content that would be offensive to the ordinary person, or accompanying sounds, streamers, or other motorist distractions.
  • Section 259.002 allows removal of a sign displayed in violation of a restrictive covenant permitted by the section. Because removal creates property, notice, evidence, and escalation risk, use a counsel-reviewed process rather than an improvised self-help response.

Religious items - Property Code Section 202.018

  • Except as the section permits, an association may not enforce or adopt a dedicatory-instrument provision that prohibits an owner or resident from displaying or affixing on the person's property or dwelling one or more religious items motivated by the person's sincere religious belief.
  • The section permits provisions addressing an item that threatens public health or safety; violates a law other than a law prohibiting religious speech; contains material patently offensive to a passerby for a reason other than religious content; is installed on property owned or maintained by the association or owned in common by its members; violates a building line, right-of-way, setback, or easement; or is attached to specified traffic, street, fire, or utility equipment.
  • The current statute does not contain the former doorway size and location restrictions repealed in 2021. Do not reuse a pre-2021 template without a current legal review.
  • Distinguish owner or resident property from association-owned, association-maintained, and common property. The property boundary, condominium declaration, maintenance allocation, easement, and proposed attachment method can be outcome-determinative.
  • Aesthetic dislike, disagreement with the message, or neighbor discomfort is not a substitute for a listed statutory basis and documented governing authority.

Use one consistent notice and review path

  • Confirm the applicable statute and exact governing provision before notice. Cite the observable condition rather than characterizing the owner, candidate, religion, or viewpoint.
  • Apply the same measurement, location, attachment, safety, and evidence standards to comparable displays. Review prior cases so a new notice does not create an unexplained viewpoint or owner-based difference.
  • Give the owner the photograph, governing basis, requested correction, deadline, response path, and hearing or appeal rights that apply. Preserve delivery evidence and all owner communications.
  • Pause automated fines or repeat notices when the owner raises statutory protection, religious exercise, discrimination, accommodation, election timing, municipal authority, or a boundary dispute. Route the file to counsel.
  • Keep meeting materials focused on facts and authority. Restrict sensitive owner information, legal advice, and executive-session material as appropriate.

Audit the policy after every election cycle or dispute

  • Update citations from former Property Code Section 202.009 to Election Code Section 259.002 for political signs and remove superseded religious-display limits.
  • Train directors, committee members, managers, inspectors, and hearing panels on the two separate tests and the escalation triggers.
  • Track notice date, election date, protected window, candidate or measure, sign count, size, location, attachment, correction, hearing, decision, and closure for political-sign cases.
  • Track the display location, claimed religious motivation, objective exception relied on, property-boundary analysis, owner response, counsel advice, decision, and closure for religious-item cases.
  • Review whether the association's rule is narrower, clearer, and easier to apply after the case. Avoid expanding one disputed display into a broad restriction unsupported by the statute.