Bill Text: IN SB0064 | 2010 | Regular Session | Enrolled

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Bill Title: Display of political signs.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0064 Detail]

Download: Indiana-2010-SB0064-Enrolled.html

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Second Regular Session 116th General Assembly (2010)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    SENATE ENROLLED ACT No. 64

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     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)SE0064.1.1. -->

    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.

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SEA 64

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