Political Signs in Front yard

Good evening everyone.

Long time since I posted here. But once again I do have a question.
I posted a political sign in my front yard, and now the association is demanding that I would remove it. I have to mention that the president is cheering for the other guy. Anyway, she threatened to turn me over to the attorney if I wouldn't remove the sign.

I put the sign up this morning. I have not received a letter from the association, nor any official note on the door ... nothing.

Now I do know there are provision which guaranty the homeowners the right to display flags, but what about political signs, doesn't that kind fall into the 1st amendment - Freedom of Speech? I might be stretching it a little here, but I was wondering if somebody has an answer for this question.

I live in Broward County, Florida.

Thanks and Blessings

Thank you Peter, not the answer I was hoping for, but honest and at least I know where I am standing.

I am just surprised that the 1st Amendment right can be crushed by a "HOA Commander" like that. Oh well, maybe a law that needs to be changed.

It's not because of an 'HOA commander', it's your assn. docs.

That's strange. Politicians usually like to make it easy to get their names out.

In AZ, political signs in HOA's are addressed in ARS 33-1808(C):

"Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs earlier than seventy-one days before the day of an election and later than three days after an election day. An association may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall not limit the number of political signs, except that the maximum aggregate total dimensions of all political signs on a member's property shall not exceed nine square feet. For the purposes of this subsection, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer."

Thank you Tim for the links and also thanks to Larry for your input.

Blessings.

That souds like it is moving across the country but it is not yet here in Florida.

Let's put this into reality in many HOA's about Political signs. Now most HOA's do NOT allow signs except for "For Sale/For Rent". That's pretty much a given. There are even a few that don't allow even those signs. Depending on your set up in your HOA is really how the political signs fall into. In our HOA, the HOA owned everything around your home. The owner owned the house and the lot the home sat on. That made the property around all the homes "Common property". Meaning ALL the owners had an interest in that property. As you can imagine NOT all owners support the same candidate. It wouldn't be fair to all the owners for their property share to be used as the grounds for political views for a few owners. People can get pretty excited over their candidates or lack of wanting to see political signs.

My opinion in a HOA is to keep the signs outside of the front entrance of the HOA and out of the individual yards. That way every candidate has the ability to post their names on the public property equally. It's where public runniing officials need to keep their message is out in the public and not on the private property.

In the end, it's all when you go into that ballot booth and cast your vote. Signs or no signs, you know who you want to vote for and it's your right to do so...(Unless you spent time in prison)....

Karl - what is the language in your documents regarding signs? Does it specify placement, such as a lawn?

Or, what do your documents say about violations? Does it require notification and then a period to come into compliance? If that is the case, you could put the yard sign up, wait to be officially notified and then take your time to come into compliance. After all, the election is in roughly three weeks.

You could easily place the sign in or on your car, or even inside your window.

That was not clearly stated. Property is not subject to the uncertain whims of the declarant or any other party.

Let me test my understanding here...

You acknowledge the HO is likely in violation,

Your suggesting that HOs commit violations to cause the expenditure of BOD effort and comm. monies, up until a fine maybe levied against the HO,

then you're shaming the President for attempting to enforce the rule and spending monies required to do so.

??????????

Don't worry. We challenged it. The CC&R allowed for rules to be made. Rules were not made. As a part of the mediation agreement, they demanded we stop posting on the community board (things like "when's the next meeting") and since they were supposed to tell us anyway, the attorney urged us to agree.

HOA should be about community and what is community if there isn't lively debate?

Of course, I live in California and we have protections for non-commercial signs in HOA. When I wasn't allowed to post on the bulletin board "When is the next board meeting?" I posted it on my unit.

For that reason, I don't see why people should be disturbed by a little free speech. You never know when a board might become unreasonable. Why not just limit the size and number of non-commercial signs (including political signs)?

In Connecticut, the Common Interest Ownership Act, Section 47-261b(d) prohibits Homeowners Associations from prohibiting the display of signs regarding candidates for public or association office. However, the association may adopt rules regarding the time period, size, and other elements of such displays. I suppose that means the association could effectively render the display of such signs useless.

While I am not opposed to signs, the problem with signs is where do you draw the line before the place looks like crap.

Size, amount, lighted, when allowed to be put up, when must they be removed by, etc.

Sometimes the least simple rules, like no signs allowed are the easiest for all to follow.

I am curious to know how an elected judge would rule on your rule prohibiting his supporters from putting one of his signs in their front yard.

ED

In our standalone home HOA, we each own the lot our home is on but to me this does not override the Covenants I signed for and agreed to such as ones which might have said no political signs even on my own property. Are you saying it does not matter what I agreed to do, I can do as I wish if it is my own property?

That thinking/belief is an associations worst nightmare owner.

Kelly

Overall I agree with you. Inquire, consult, ask all, but in the end a decision must be made by those in charge. The BOD.

If everything was thrown up for an open forum/vote would we still not be ad nasuem discussing yellow or white flowers at the entry way?

Lead, follow, or get out of the way. Forward progress, be it right or wrong is better then stagnation.

Many type of political signs available and sizes of these signs are different. The sign boards which spins are the best because it's both sides are used to advertise anything. You can get these sign boards easily in an affordable price also.

_____________________
political yard signs

Hello all,

This is an easy one, maybe. If the HOA is 501(c)(3) nonprofit just report them. I would suggest you go directly to your state attorney and start that way. If you report them to the IRS directly it will take forever and they could lawyer up and wiggle out of it.

No non for profit can have anything to say about politics. HOA's operating under 501(c)(3) nonprofit must comply with reporting and record keeping. I see a complete failure on the HOA's part and also you can't threaten to sue someone to get what you want. If you say your going to sue you had better sue. If the HOA has a regulation prohibiting these signs why would they threaten you? It is obvious that if you don't comply they will have to pursue the course of action as outline in your contract. So threatening you was a crime in its self and one we take seriously. Case and point if you told me you were going to sue me I would have my attorney fees paid and ready to go.

All you did was put a sign up, it's not like you asked the IRS for special consideration while the sign is up!
501(c)(3) nonprofit know it and love it.

Bottom line is American's are tired of this and we work really hard to pay our bills so most renters and owners don't have the time to get involved. Lets just say you have a right to support politics in the United States and I would go after anyone who prevented me from supporting this fantastic and superior government. Or is your HOA so petty that they would rather worry about houes prices than our elected officials? Then again that is exactly why non for profits cannot get involved.

I hope you guys are aware that if you witness or are made aware of a crime and reporting it will not harm you or disrupt your safety you are required by law to report it.

the constitution of the Republic of the Unites States of America guarantees you the right to enter into a contract - you did - the contract says 'no signs' - what, exactly, is your issue?

I am fully aware of that. I said we need the legislators in this state to over ride it by a new law that says ALL citizens shall have the right to put up a sign, or sings as the case may be. I would think they would love that bill as it may benefit them. I have already written 2 of them...By the way one is a Republican and one is a Democrat; so it would come from both sides.

Good for you Adele!!!

These tin pot private governances (HOA and condos) should quake in fear of violating our Constitutional rights.

The AG should come down hard on these places when they do that.

A good law would be a mandatory audit and inspection of HOA or condo financials when they give someone a hard time over a flag or political sign.

I bet that would put an instant end to these disputes (given how systemicaly corrupt they are)! LOL

Looks like pudgy ole GlenL doesn't want anyone looking behind the curtain...

Yes, I know all about FL, we had a second home there.

You should check out Jan Bergman's site CCFJ dot com or net....I don't remember which.

He just got some homeowner friendly legislation passed, and it seems he is only just getting started.

He is very familiar with the corruption in the legislature in FL, which basicly is selling laws to the highest bidder.

Join his group and become part of a movement to take back your home from the service providers who want unfettered access to the cookie jar of assesements, your bank account and the equity in your home.

You should check CCFJ again! They are very excited about some legislation they got passed which they claim "ends HOA dictatorships"

It seems the tide is turning in FL, mostly with Jan's efforts of letting legislators know that if they take money from the CAI and sell out their constituants to the prop. managers and lawyers...then Jan is more than willing to put their face up on his site with exactly the vile business they are conducting.

Funny how effective that is, especially when 10's of thousands of FL homeowners now belong to his group.

I had a second home in the Jax area, in a large HOA called Pace Island. It was very benign to us, and was beautiful with several pools, walking paths ect.

Our African American (he was an ATF agent posted in the unfriendly south) neighbors were a different story however. They were being harrassed with letters and fines by the HOA for their lawn....which looked exactly the same as everyone elses on our cul-de-sac.

We were very friendly with all of our immediate neighbors, who were mostly Navy officers and some physicians. We all agreed that the HOA was vile....wanted nothing to do with it except send in our $88/mo dues.

When real estate went nuts we sold for a nice profit and went back to our full time house in MA.

I am trying to get the MA courts to declare HOA fines to be illegal/unconstitutional..which I firmly believe they are.

Two states Supreme Courts have found exactly that, and I am hopeful that ours follows suit!