Do your agents know the rules about where they are allowed to post open house signs?
It is against the law to place open house signs on a public road’s right-of-way without prior authorization. A new law effective September 1 changed the penalties and amended the process for violations for so-called bandit signs.
New notice and timeframe to remove
The municipality must notify the sign owner in writing and allow time to remove the sign before pursuing civil penalties. The municipality can set the timeframe for removal and cannot assess a penalty if the sign is removed within that timeframe. Check with your municipality regarding local ordinances.
Higher penalties for repeat offenses
The new law, HB 3611, changed the penalties for subsequent violations from no more than $1,000 per violation to no more than $1,000 for the first offense, $2,500 for the second, and $5,000 for the third.
What happens if the sign isn’t removed in time?
If a sign is not removed during the stated timeframe, a sheriff or constable may confiscate it, and the sign owner may be subject to civil and criminal penalties.
If you wish to place a sign in a common area that is not in the right-of-way of a public road, you should check with the local municipality or property owners association to confirm whether a sign may be placed at the desired location. When placing signs on private property you must first obtain the written consent of the property owner.