Law Supports Political Sign Restrictions

KPVA legally prohibits political signs. Only signs advertising a property for sale or rent are permitted in KPVillas, per Section 31 of the original DECLARATION OF COVENANTS AND RESTRICTIONS OF KNOLLWOOD PARK VILLAS – SECTION 1.

All yard signs are prohibited in KPVillas, except those advertising property for sale or rent.

In later years, Indiana law (P.L. 5-2010, SEC.1) seemed to override HOA restrictions on political signs as a free speech requirement. Since 2010 Indiana Code § 32-21-13-4 has stated "a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property" during certain times related to the election cycle.

However, there is a significant legal exception to the section restricting political activity that applies to KPVillas. Per Ind. Code § 32-21-13-7, which is current through Public Law 171-2024:

(a) This section does not apply to homeowners association property if:

(1) access to the property from the outside is controlled by gates or other means; and

(2) the common areas, including roads and sidewalks, are privately owned and maintained.

(b) As used in this section, "homeowners association property" refers to real property owned by any of the following:

(1) A member of the homeowners association.

(2) The homeowners association.

(3) The members of the homeowners association in common.

In summary, because KPVillas controls access by gates and its roads and common areas are privately owned and maintained, KPVillas is exempt from 2010 Indiana Code § 32-21-13-4. Hence the extant Association restriction on political signage is valid.

The two property qualifiers clearly exist--KPVillas has controlling gates at both of its two entrances, and the common areas and roads are privately owned by the Association (see Property Card for SJC Assessor's Property I.D. 71-04-16-228-001.000-003).

Access at Gumwood Road is controlled by a coded gate.

Access at Adams Road is controlled by a locked gate, and sometimes by a snow or mulch pile.

KPVA owns and pays taxes on the roads, described as Property I.D. 71-04-16-228-001.000-003 in the St. Joseph County property card.

Furthermore, Ind. Code § 32-21-13-6 states, "A homeowners association may remove a sign that violates the rules permitted by this chapter." This Public Law 5-2010 SEC.1 is also valid through P.L. 171-2024.

Thanks go to all homeowners for respecting both the Association covenants and the Indiana state codes.