Can an HOA in Bluffton, Beaufort, Hilton Head, remove political signs from yards? What SC law says
Signs, flags and other items endorsing candidates are a familiar sight across the nation during any election, sprouting up along street corners and sidewalks.
Even with these signs dotting many roadways, lawns and businesses, do the rules for these signs change once you enter a neighborhood that has an HOA? Better yet, can a HOA remove a sign from your property?
Here’s what to know about state and local laws for political signs and whether or not an HOA can remove them.
What does South Carolina law say?
Largely, there is no specific law in South Carolina that overrides HOA covenants on political signs, meaning that it’s best to follow the rules outlined by your HOA.
In February, a bill was introduced to the House that aimed to protect homeowners in HOA communities the right to display political signs and flags, but it has not progressed further.
Even without a specific law for HOAs, South Carolina does have a law prohibiting vandalizing signs or removing them without the permission of the candidate or party. If found guilty of tampering with signs, which is a misdemeanor, a person could be fined no more than $100 or 30 days in jail, or both.
What are the ways an HOA could restrict political signs?
Your HOA may enforce restrictions on how, where and what kinds of signs you can display on your property.
Some common restrictions may include:
- Where signs are mounted (no window or balcony displays).
- Number of signs per property.
- Where signs are attached (trees, light poles).
- Size
- Content (offensive language, sounds).
- Distracting to drivers
- Pose a safety hazard or violate local laws.
Do certain cities or counties have their own laws?
With this gap in state law, many cities and counties across the state have ordinances that control where political signs can be located.
These local ordinances are in place to regulate to placement of political signs, especially on public property and roadways.
Here’s a breakdown of political sign ordinances in Beaufort County areas, note that some areas require approval or a permit:
Bluffton
- Signs are prohibited on public property within the corporate limits without prior approval of the Town Manager or on any private property without the approval of the owner.
- Political signs cannot be posted on public property, including power poles, telephone poles and street signs.
Hilton Head Island
- Signs can’t be placed on any public property, including all parks and beach park facilities.
- May be placed on private property (residential or commercial) with the property owner’s consent.
- Cannot be placed within any public road rights-of-way.
- Cannot be placed where it obstructs or impairs a driver’s view or creates a safety hazard.
City of Beaufort
- Signs can be posted within 60 days of an election.
- Political signs are permitted on private property with the owner’s consent.
Port Royal
- Signs are not allowed in public rights-of-way, including on trees, utility poles or other similar structures.
- Signs may be displayed up to 60 days before an election and must be removed within 7 days afterward.
Unincorporated Beaufort County
- Signs are allowed on private property along major corridors but must be placed at least 10 feet from major highway rights-of-way (e.g., U.S. 278, S.C. 170, U.S. 21).
- Political signs may be displayed at any time within an election year. Candidates must obtain a sign permit.
- Signs must be removed within 48 hours after the election.
- Temporary political signs cannot exceed 80 square feet total or 10 feet in height.
- No signs within 100 feet of churches, cemeteries, historic sites or intersections.
For a full list of upcoming elections in South Carolina, visit the SC Votes Upcoming Elections page.
