Restricting door magnets and bumper stickers

Started by TimothyJ2 • 14 replies • 4044 views

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TimothyJ2 (Michigan)
Posts: 3

Posted:

Greetings,

Our HOA / management association wants to restrict door magnets / signs in vehicles that are political or support a political candidate

I suggested we cannot do this as a vehicle is not related to the HOA property and cannot be regulated like a residential unit and banning signs in the window.

I do not believe we can restrict door magnets of a political nature without banning ALL door signage that advertises business, like the guy who has the tow truck sign on his personal truck or the woman who has a MOLLY MAID door sign.

This also raise the question what if the door is PAINTED or the vehicle is done with a WRAP that advertises a product?

Where can we find MICHIGAN statutes that will help us in developing our rules regarding signage??

THANK YOU

BillH10 (Texas)
Posts: 1,217

Posted:

Timothy, begin with the governing documents of the association. Frequently they will contain language regarding allowable signs, placement, size, etc.

You may have read of a controversy here in the Dallas Metroplex a year or two ago in which a Board advised a resident that a Marine Corps emblem or decal on his truck, parked in the association garage or parking area, violated a provision in the CC&Rs. As you can imagine, this created a great deal of publicity and was a proximate cause of some of the changes made to the Texas Property Code by the Legislature.

I would recommend that your board proceed very carefully and that they seek the advice of counsel before implementing any such restrictions. Especially since the focus seems to be on political signs or decals.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tim

I belonged to an association that banned commercial vehicles from overnight parking even in ones own driveway. This included any vehicle with any signage, vehicle warp, etc. We had a case where two vehicles were identical except one had a sign on it and one did not. The one with a sign was ruled commercial. Even had an SUV ruled commercial as it had lettering on the rear window for a real estate agent. Each home had at least a two car garage plus good size driveways. There was also no overnight street parking. Some thought the rules were tough, but given the situation (garages, driveways, etc.), I felt they were fair and fitting for the neighborhood.

Non-commercial signs, stickers, etc, on a vehicle are a different subject and one I say near impossible to ban.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Timothy,

The short answer is that the association has no power to regulate what an owner does on his property unless the matter is addressed in your Declaration of Covenants, Conditions, and Restrictions (CC&R's). Your association would have to amend the CC&R's to accomplish the goals you describe.

Amending the CC&R's is usually intentionally difficult. The terms of how to amend should be stated within the CC&R's but typically take somewhere between 50% and 100% of the owners to approve. Some CC&R's even require approval of mortgage lenders to amend.

Political free speech is such a fundamental constitutional right that I cannot imagine the proposed restrictions surviving a challenge in court.

DaveD3 (Michigan)
Posts: 796

Posted:

Timothy
Are you a condominium, or just a HOA of normal homes?
NNote that condo includes detached site condos

TimothyJ2 (Michigan)
Posts: 3

Posted:

Quote:

Posted By DaveD3 on 08/20/2014 8:04 AM
Timothy
Are you a condominium, or just a HOA of normal homes?
NNote that condo includes detached site condos

It is a modular community

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Door magnets - maybe. Bumper stickers - not likely.

Maybe your board is looking for some publicity for your community. These kinds of silly rules usually will do the trick.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Quote:

Posted By LarryB13 on 08/20/2014 7:59 AM
Timothy,

The short answer is that the association has no power to regulate what an owner does on his property unless the matter is addressed in your Declaration of Covenants, Conditions, and Restrictions (CC&R's). Your association would have to amend the CC&R's to accomplish the goals you describe.

Amending the CC&R's is usually intentionally difficult. The terms of how to amend should be stated within the CC&R's but typically take somewhere between 50% and 100% of the owners to approve. Some CC&R's even require approval of mortgage lenders to amend.

Political free speech is such a fundamental constitutional right that I cannot imagine the proposed restrictions surviving a challenge in court.

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By TimothyJ2 on 08/20/2014 8:35 AM

Posted By DaveD3 on 08/20/2014 8:04 AM
Timothy
Are you a condominium, or just a HOA of normal homes?
NNote that condo includes detached site condos

It is a modular community

If you were structured legally as a condominium, then the Michigan Condominium Act would apply.

Since it doesn't sound like you are, it may well just be a matter of what authority is granted the HOA and board through your official documents (Deed Restrictions, Bylaws, Rules & Regulations).

DaveD3 (Michigan)
Posts: 796

Posted:

I'll add that your local municipality may well have some rules of their own on the topic. In all likelihood, they're less strict than you would want, but it's something to keep in mind.

TimothyJ2 (Michigan)
Posts: 3

Posted:

Do we need to consider any current state statutes or does it matter if we are more restrictive than state regs?

the real issue seems to focus on what we allow on a vehicle. What would be the difference between a sticker and a door magnet?

GeorgeR8 (Arizona)
Posts: 182

Posted:

Quote:

Posted By TimothyJ2 on 08/20/2014 4:33 PM
Do we need to consider any current state statutes or does it matter if we are more restrictive than state regs?

the real issue seems to focus on what we allow on a vehicle. What would be the difference between a sticker and a door magnet?

On most issues you go with the more restrictive. Our docs say fed and state law applies if they are more restrictive, docs apply if they are more restrictive. I am sure your state law says something about political items and will probably say "notwithstanding the documents."

DaveD3 (Michigan)
Posts: 796

Posted:

Consider state/local statutes if they're helpful to your cause. But yours may be more restrictive.

For example, our township allows a certain number of political signs per foot of road frontage. It works out to being a huge number of signs for a typical lot. We have a "no signs without approval" regulation. Our rule wins over the township's rule.

TerryH4 (Texas)
Posts: 7

Posted:

Do you have the authority in your covenants to restrict signs? If so, depending on how the covenant is written, the HOA should enforce against all signs that fit the covenant language. The HOA can't single out some signs and not others based on content, unless the covenants and state law allows this. Even if you have covenant authority to forbid signs, some states limit enforcement against political signs during election season.

My own view, is it doesn't matter if the sign is mounted on a pole or a fence or an eighteen-wheeler. A sign that is on the lot is subject to whatever sign covenant is in effect.

A sign/vehicle parked on public street is not subject to HOA authority.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Seriously? What is next matching uniforms for all residents? People need to back off and mind their own business.

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