Introduced Version






SENATE BILL No. 64

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 32-21-13.

Synopsis: Display of political signs. Prohibits a homeowners association from adopting or enforcing certain restrictive covenants or homeowners association rules concerning the display of political signs.

Effective: July 1, 2010.





Delph




    January 5, 2010, read first time and referred to Committee on Elections.







Introduced

Second Regular Session 116th General Assembly (2010)


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SENATE BILL No. 64



    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-21-13; (10)IN0064.1.1. -->     SECTION 1. IC 32-21-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules
    Sec. 1. The definitions in IC 3-5-2 apply to this chapter.
    Sec. 2. As used in this chapter, "rules" refers to any of the following:
        (1) A restrictive covenant.
        (2) A homeowners association rule.
    Sec. 3. As used in this chapter, "sign" refers only to a sign advocating:
        (1) the election or defeat of one (1) or more candidates for:
            (A) nomination; or
            (B) election;
        to a public office;
        (2) support for or opposition to:
            (A) a political party; or
            (B) a political party's candidates; or
        (3) the approval or disapproval of a public question.
    Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period:
        (1) beginning thirty (30) days before; and
        (2) ending five (5) days after;
the date of the election to which the sign relates.
    Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following:
        (1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs commonly displayed during election campaigns.
        (2) Restrict the number of signs that may be displayed if the rule permits a homeowner to display a reasonable number of signs.
        (3) Restrict the locations where a sign may be displayed. However, a restriction under this subdivision may not prohibit the display of a sign:
            (A) in a window on the homeowner's property; or
            (B) on the ground that is part of the homeowner's property.
    Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter.