Texas Election Code §259 and Property Code §202.009 protect political signs on private property. Montgomery County HOAs cannot ban them. Conroe caps size at 36 sq ft residential. Remove within 10 days after election.
Texas Property Code §202.009 prohibits HOAs from restricting political signs on an owner's private property during the 90 days before and 10 days after an election, with limits allowing signs up to 36 square feet total. Texas Election Code Chapter 259 governs sign placement near polling locations. In unincorporated Montgomery County, counties cannot regulate political signs via zoning (no county zoning authority). Conroe Zoning Ordinance and sign regulations allow political signs on private property up to 36 sq ft in residential zones with no permit required, consistent with Reed v. Town of Gilbert (2015) content-neutrality requirements. Signs in TxDOT or county rights-of-way are prohibited under Transportation Code §393.002. The Woodlands covenants incorporate §202.009 protections. HB 2439 (building materials preemption) does not apply to signage but reinforces the preemption trend.
Sign in TxDOT right-of-way: removal and fine up to $500 per Transp. Code §393.002. HOA attempting to ban compliant political sign: unenforceable and homeowner may recover attorney fees under §202.009. Failure to remove within 10 days post-election: HOA may remove and charge.
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Willis, TX
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