Illinois Statewide Rule
Illinois Political Sign Rights in Condos, HOAs, and Cities
Key Facts
- Condo statute
- 765 ILCS 605/18.4(h)
- Flag protections
- 765 ILCS 605/18.6; 160/1-70
- HOA political signs
- No statewide statute
- Allowed limits
- Reasonable size and time
Summary
Illinois condominium law bars board rules that impair First Amendment rights, protecting unit owners' political sign displays, but no comparable statute covers HOA political signs; flag display is separately protected in both regimes.
(12) to establish local standards solely for the review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process; except that, other than reasonable restrictions as to size, no home rule or non-home rule municipality may prohibit the display of outdoor political campaign signs on residential property during any period of time, the regulation of these signs being a power and function of the State and, therefor, this item (12) is a denial and limitation of concurrent home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
Full Breakdown
For condominiums, 765 ILCS 605/18.4(h) provides that no board rule may impair rights guaranteed by the First Amendment, a provision that protects political sign displays within a unit or limited common element, and 765 ILCS 605/18.6 protects display of the American and military flags. The Common Interest Community Association Act contains a matching flag protection at 765 ILCS 160/1-70 but no political-sign provision, so HOA sign rules rest on the association's own recorded documents. Municipal sign codes cannot impose content-based restrictions on political signs after Reed v. Town of Gilbert (2015). Reasonable size, number, and duration rules remain enforceable.
Violations & Penalties
Condo rules impairing First Amendment rights or banning flag display are unenforceable; owners may seek declaratory and injunctive relief. Cities applying content-based sign rules face First Amendment invalidation.
Frequently Asked Questions
Can my Illinois HOA ban yard signs for candidates?
Can an Illinois city restrict political sign content?
Sources
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