The News: With election season underway, the Wisconsin Institute for Law & Liberty (WILL) is reminding Wisconsinites that state law protects your right to display signs supporting your chosen candidate. WILL recently helped vindicate that right for a Wisconsin man whose condo association told him he was not permitted to display his Tom Tiffany campaign sign from his condo.

The condo association’s bylaws and declaration prohibited the display of signs without the consent of the Board. When condo owner Cody Mercado asked for the Board’s permission to display a campaign sign supporting Tom Tiffany, the Board denied his request and directed him to remove the sign.

WILL sent a letter to the Board explaining that state law expressly permitted Mr. Mercado to display the sign. Thankfully, after receiving WILL’s letter, the Board changed course. A resolution was quickly reached whereby Mr. Mercado was allowed to continue to display his sign, so long as the sign was not hanging on the balcony railing. WILL’s client welcomed the resolution and now proudly displays his Tom Tiffany sign on a frame on his balcony.

The Quotes: WILL Associate Counsel Kirsten Atanasoff stated, “Election season is an important time for citizens to be able to express their views. Wisconsin law protects their right to do so. We are glad that Mr. Mercado’s Condominium Association agreed that he was entitled to exercise this important right here.”

WILL Client, Cody Mercado, stated, “I simply wanted to put up a standard-sized sign supporting my candidate. The Board told me no. I’m grateful WILL stepped in to help me assert my rights so that I can display my sign lawfully.”

What State Law Says: Wisconsin law protects the right of condominium owners to display signs supporting or opposing political candidates and referendum questions (Wis. Stat. § 703.105(1m)). Condo associations cannot use their bylaws or other governing documents to prohibit these signs.

What’s Next: While Wisconsin law protects the rights of condominium owners to display political signs, homeowners governed by homeowners’ associations do not have the same statutory protections. Because there is no statute, an HOA may believe that it is able to prevent homeowners from displaying signs supporting their preferred candidates on their own property.

WILL encourages the Legislature to extend the same statutory protection to homeowners governed by HOAs as it does to condo owners governed by condo associations. A homeowner’s ability to express their political views, and to legally protect that expression, should not depend on the type of association governing their property.

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