Q: Our ARC committee asked the Property Management Company to revise the verbiage regarding the political signs to be in compliance with NRS 116.325 and NRS 116.31034 (16). This allows political signs to be placed 90 days before the election. This is before the applications to apply for the Board are even sent out. It also states that signs can be placed in support or opposition to a candidate. In my years living in an HOA, this was never addressed. It was always to support a candidate only. How would this help a community already severely divided. Our Property Management recommends following the guidelines to be in compliance with NRS.
A: The reader includes two separate NRS statutes. NRS 116.31034 (16) states an association shall not adopt any rule or regulation that has the effect of prohibiting or unreasonably interfering with a candidate in the candidate’s campaign for election as a member of the board, except that the candidate’s campaign may be limited to 90 days before the date that ballots are required to be returned to the association. In subsection NRS 116.31034 (17), a candidate who has submitted a nomination form may request that the association send before the date of the election and at the association’s expense to the mailing address designated by the unit owner a candidate informational statement. The informational statement must be no longer than a single typed page and must not contain any defamatory, libelous or profane information. This law also provides an option where the candidate can communicate campaign material to the homeowners. (17b).
NRS 116.325 pertains to the rights of a resident or owner to exhibit political signs in certain areas with conditions and limitations on the exercise of that right. A political sign is defined as a sign that expresses support for or opposition of a candidate, political party or ballot question in any federal, state or local election or any election of an association. The political sign may not be larger than 24 inches by 36 inches. A unit owner or an occupant of a unit may exhibit as many political signs as desired but may not exhibit more than one sign for each candidate, political party or ballot question.
The intent of these laws was not to create a harmonious community but was to allow residents to express their support or lack of support for a candidate, political party or ballot question.
Residents should also check their governing documents that may provide greater rights along with local and state election laws pertaining to political signage.
Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.
