💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DwightT (Idaho)
Posts: 664
Posted:
Like many associations, our CC&Rs have a clause that states that real estate signs, or signs of any type, may be displayed in any of the Common areas. We've had problems with agents placing their directional signs all over the neighborhood, including not just in common areas but also on other homeowner's property. We've also had complaints from homeowners about these signs.

In the past when a board member saw one of these signs or was notified about one, he/she would approach the agent and ask them to remove the signs. Usually, while disappointed, the agent was willing to comply and that would be the end of it. We've had a couple though who got belligerent about it and would raise the stress levels for everybody involved. One moved his signs onto the sidewalks and tried to tell us that sidewalks are city property and we can't do anything about his signs in the public way (not true - the City Attorney informed me that not only are the sidewalks part of the HOA common areas, but it is also a violation of City Code to place any signs in the sidewalks).

To clarify these issues we recently drafted a procedure that stated that these sings will be removed from common areas and placed in an area where agents can pick them up. One of our Board members objected to the use of the word 'will' and wanted it changed to 'may'. He feels that by saying the signs 'will' be removed, it doesn't give him the option of approaching the agent if still wants to. I feel that he can still talk to the agent, just inform them of what the procedure will be. If we use the word 'may', then I think we could be setting ourselves up for trouble if a Board member decides that he 'may' ignore his buddy's sings.

I realize that this is mostly a nit-picky thing, but I would like to hear any thoughts that others may have.
RogerB (Colorado)
Posts: 5,067
Posted:
Dwight, "may" gives permission, but is optional so he can ignore his buddy's sign. "Will" is an action word that it is to be done, but does not restrict the option of approaching the agent to have it done. Meanwhile to make it manditory with no option, one would use "shall". In summary I think for your purposeses "will" is a good choice.
DwightT (Idaho)
Posts: 664
Posted:
You mean through pure dumb luck I actually got it completely right? Wow. Sometimes I really impress myself.

Thanks for the explanation Roger. That really helps.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
DwightT:
I am surprised that your CC&R allows real estate signs displayed in any of the Common Areas.
In many HOAs in our area, ours included, realtor signs can ONLY be placed in the unit owners front window, and must be of a certain size as dictated in our CC&Rs. Obviously, this affords us freedom from having to deal with what you are at present.
DwightT (Idaho)
Posts: 664
Posted:
Ok, that was bad phrasing on my part. Our CC&Rs state that NO real estate signs, or signs of any kind, may be displayed in any common area.

I usually look over my posts for that type of error. Dunno how I missed that. Nice catch.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here