A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-30-180 SO AS TO PROVIDE A HOMEOWNERS ASSOCIATION THE ABILITY TO ADOPT AND ENFORCE RULES RELATING TO POLITICAL SIGNS PROVIDED THOSE RULES MEET CRITERIA DESIGNATED BY THIS SECTION.
Summary
H5068 would add a new section to South Carolina law governing political signs in communities with homeowners associations. The bill gives homeowners and tenants the right to display political signs on property they are entitled to use, even if a deed, lease, covenant, or HOA rule would otherwise prohibit them, but only during a limited window: from 30 days before an election until 5 days after that election. The measure excludes common areas accessible to all members of the community from this protected display right.
At the same time, the bill preserves HOA authority to regulate political signs in specific ways. An HOA could set rules on sign size, number, location in common areas, and timing outside the election window, and could remove signs that violate those rules. The bill defines “political sign” broadly to include signs supporting or opposing candidates, political parties, or public questions.
Impact
The bill would create a new statutory rule in Title 27, Chapter 30 of the South Carolina Code that limits the extent to which private HOA documents can restrict political speech on residential property. It would override conflicting restrictive covenants, declarations, leases, rental agreements, and HOA rules to the extent they bar political signs during the protected election period, while still allowing HOAs to impose certain content-neutral or time/place/manner restrictions. Homeowners, tenants, and homeowners associations would be the primary parties affected.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text alone, the measure appears designed to balance residents’ political expression rights with HOA community standards, suggesting a generally pro-property-rights and pro-political-speech intent while preserving some HOA enforcement authority.
Contention
The likely points of contention are the extent to which the bill overrides private HOA covenants and the balance between free expression and community aesthetic or safety rules. Supporters would likely favor the explicit right for residents and tenants to display political signs near elections, while opponents or HOA advocates may object to the preemption of private agreements and the potential for disputes over sign placement, number, and enforcement. The bill’s allowance for HOA regulation of size, quantity, and location may reduce but not eliminate those concerns.