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House committee advances bill barring HOAs from banning election signs

2224921 · February 5, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The House Labor, Health & Social Services Committee passed House Bill 339 as amended, preventing homeowners and condominium associations from banning political signs on private property during specified election periods. The committee removed criminal penalties from the bill and debated timing, enforcement and lawn‑care concerns.

House Bill 339, a measure to prohibit homeowners associations (HOAs) and condominium associations from stopping residents from placing election signs on private property during election periods, passed the House Labor, Health & Social Services Committee on a roll call vote after members adopted an amendment removing a criminal penalty.

The bill’s sponsor, Representative Weber, told the committee the bill would “prevent homeowners associations and condominium associations from prohibiting their members from placing election signs on their own private property during election season.” Weber said the bill would place time, place and manner limits on signs and bar associations from enforcing blanket bans that could subject homeowners to fines or litigation.

The measure’s nut graf: supporters said the bill protects political free speech on private property while opponents and some committee members pressed for clearer enforcement language and for removal of misdemeanor sanctions that could criminalize residents or association actors for violations.

In committee debate Representative McCann pressed the sponsor on who would be subject to the misdemeanor language in the bill, asking, “Is the HOA? Does that go against the HOA, or is there a person involved in that?” Representative Bien moved—and later explained the rationale for—an amendment to strike the bill’s Section 2, which contained the criminal penalties, saying he did not “want to make them a criminal” over enforcement missteps. Representative Yen explained the effect of that amendment: it would preserve a private civil cause of action allowing a homeowner to sue an HOA without creating a crime.

Committee members also raised practical enforcement concerns. Representative Guggenmoss asked how sign care would work in developments that contract out lawn maintenance, noting that contracted crews might be expected to mow around or remove signs. Representative Weber said most signs are easily removed or can be mowed around unless they are larger, posted signs.

Members discussed aligning the bill’s sign display window with county election schedules rather than setting a single fixed timeframe in statute. Representative Weber said he would work with the Legislative Service Office and county clerks on language to coordinate display dates "because we have 23 counties and there could literally be 23 different dates" for filing and post‑election removal.

On a roll call vote, the committee recorded the bill as passed and the sponsor was directed to present House Bill 339 to the floor. Committee staff announced the tally as eight in favor and one excused. The committee record shows the motion to move the bill was made by Representative Gugamos and seconded by Representative Yen; the April‑style amendment to remove criminal penalties was moved from the floor and adopted before final passage.

The committee accepted public testimony but no government agencies or registered lobbyists testified in favor or opposition during the committee session. Representative Weber indicated he would continue to work with staff and county clerks on technical language.

The committee’s passage as amended removes criminal penalties and leaves enforcement to civil remedies and private suits, while the sponsor aims to craft timing language that mirrors each county’s election calendar.

Votes at a glance: House Bill 339 (as amended) — Passed committee (tally announced as 8 yes, 1 excused). The sponsor will carry the bill to the House floor.