PRINTER'S NO. 1655
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1336
Session of
2017
INTRODUCED BY MADDEN, RABB, PASHINSKI, ROTHMAN, SCHLOSSBERG,
KINSEY, FREEMAN, J. HARRIS, BRIGGS, D. COSTA, CARROLL AND
ROZZI, MAY 5, 2017
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MAY 5, 2017
AN ACT
Providing for the authorization of the outdoor display of a
political sign by a unit owner on the unit owner's property
within an association.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Political
Sign Display Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Association." A unit owner's association in a common
interest community.
"Declarant." A person or group of persons acting in concert
who:
(1) as part of a common promotional plan, offers to
dispose of a cooperative interest not previously disposed of;
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or
(2) reserves or succeeds to a special declarant right.
"Limited common element." A portion of the common elements
allocated by the declaration or by operation of 68 Pa.C.S. §
4202(2) or (4) (relating to unit boundaries) for the exclusive
use of one or more units but fewer than all of the units.
"Limited common facility." A portion of the common
facilities allocated by or pursuant to the declaration or by the
operation of 68 Pa.C.S. § 5202(2) or (3) (relating to unit
boundaries) for the exclusive use of one or more units but fewer
than all of the units.
"Limited controlled facility." A portion of the controlled
facilities, other than controlled facilities which are
themselves part of a unit, allocated by or pursuant to the
declaration or by operation of 68 Pa.C.S. § 5202(2) or (3)
(relating to unit boundaries) for the exclusive use of one or
more units but fewer than all of the units.
"Political sign." A sign which publicizes the candidacy or
promotes the election of a contestant for elected public office
or which advocates a particular position on a referendum
appearing on an election ballot.
"Proprietary lease." An agreement with the association
pursuant to which a proprietary lessee has a possessory interest
in a unit.
"Unit." A physical portion of the cooperative designated for
separate occupancy under a proprietary lease.
"Unit owner." A declarant or other person who owns a unit or
a lessee of a unit in a leasehold planned community whose lease
expires simultaneously with a lease, the expiration or
termination of which will remove the unit from the planned
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community. The term does not include a person having an interest
in a unit solely as security for an obligation.
Section 3. Display of political signs.
(a) Prohibitions.--Except as otherwise provided under this
section, notwithstanding any provisions in the association's
declaration, covenants, bylaws, rules, regulations or other
instruments or any construction of any of those instruments by
an association's executive board, an association may not
prohibit the outdoor display of a political sign by a unit owner
on the unit owner's property within:
(1) 30 days before the date of a general election or
municipal election in this Commonwealth; and
(2) 48 hours after the date of a general election or
municipal election in this Commonwealth.
(b) Exceptions.--An association's declaration, covenants,
bylaws, rules, regulations or other instruments or any
construction of any of those instruments by an association's
executive board may:
(1) require a unit owner's political sign to be ground-
mounted;
(2) limit the number of political signs a unit owner can
display to only one sign for each candidate running for
elected office in a general election or municipal election;
or
(3) prohibit a political sign that:
(i) contains roofing material, siding, paving
materials, flora, a balloon or light or any other similar
building, landscaping or nonstandard decorative
component;
(ii) is attached to plant material, a traffic
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control device, light, trailer, vehicle or any other
similar existing structure or object;
(iii) includes the painting of architectural
surfaces;
(iv) threatens public health or safety;
(v) is larger than four feet by six feet;
(vi) contains language or images that would be
considered obscene to a reasonable individual;
(vii) is accompanied by sound, streamers or is
otherwise distracting to motorists; or
(viii) violates a law of this Commonwealth.
(c) Construction.--Nothing in this section shall be
construed to:
(1) allow a unit owner to display a political sign in a
limited common element, limited common facility or a limited
controlled facility; or
(2) prohibit a unit owner from limiting or prohibiting
the display of a political sign on the unit owner's property.
Section 4. Effective date.
This act shall take effect in 30 days.
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