Alarm/Security Signs Violations

You can't necessarily read that particular section in isolation depending on your CCR's. For example the version I have for this HOA has a similar section on signs, but also has a CCR that says 'without limiting the generality of the foregoing provisions no horns, whistles, bells or other devices except fire detection or security devices used exclusively for such purposes shall be located used or placed on the exterior of such property.

In this case, it could be argued that such signs provide two purposes, to act as a security device to deter criminials, and second, to identify the property to the security service if they need to visit during an alarm.

Are these signs really that bothersome to your HOA?

Our CC&R does not mention alarms either. The builder works with a wiring company that inputs all our alarm/phone/cable outlets in and those with the alarm have the alarm sign in our yard.

If marjority of the neighbors don't have a problem, then make those changes. Until then no violation forms should be given out.

Also, (I actually went out and measured my sign, from a national company), the poster quoted "12x12" as the size limits. My sign is a pentagon shape, and is 9x9 in size. Not sure that there would be a "standard" in the security/alarm sign industry, but think that most signs are about the same size.

After that all I have to say is "WOW" that this HOA has EVERYTHING else running smoothly that they have the time to address security signs.... Maybe since they are so efficient in solving all of the other problems which plague HOA's they can start a "intern" program where you loan our your board-members to other community's to halp them run as efficiently as yours.... (or we can trade for options in next year's draft and a small cash offering, minus signing bonuses)...

I'm not a board member, just a homeowner, and I just loved your reply, it made me laugh. I agree, the board is being unreasonable with you too Gloria :-)

CathyT:
I would question the logic of the Board spending assn. money to have an amendment to the CC&R initiated and filed with the state to allow alarm signs to be displayed. IMO, this is not necessary and the alarm signs serve the purpose of detering vandalism, etc. They are actually helping to keep your community vandal free.

Further, I would question this Board's spending money needlessly (CC&R amendment) and are they performing their fudiciary duty correctly?

In response to CathyT's last comments....

Does the board have a "due process" requirement with regards to violations and the ability of membership to be heard, prior to either a fine or otherwise corrective action taken...? (this should be in your governing documents, or some states have such a requirement in HOA specific statutes).

If so, get all the owners together (don't have them bring the signs, because they resemble paddles and they might be tempted to use them, the way Catholic school nuns used rulers on your board), but have all of the owner's affected by this present to support one another at that meeting.

Sometimes putting a face/name to an issue, helps a board see the "trees" in the forest of alarm signs....

Our CC&Rs has the standard "Signs" thing, none except for sale of lot or home.

We have recently amended this, through the proper voting, and have tweaked it to allow security/alarm signs.

The board does not have the "luxury" of deciding which CC&Rs they will enforce and which they deem "petty" and then don't enforce.

However, as a policy, since the board cannot act as a policing arm, we do not act on any violations until we receive a homeowner complaint.

To date we have not received any, however, to prevent the problem, we went ahead and presented the change to the homeowners, who approved it overwhelmingly. We have also tweaked to allow one political sign, no larger than a certain size, to be displayed within 30 days either side of an election, whether primary or general.

However, because it took a while to go through the process, we held all violations in abeyance while we worked out the details. All homes with signs were noted on a database so that if a complaint came in while we were in the process we could show that we were aware and were working on the issue.

That way we could show we were doing due diligence, not ignoring the violations, but also putting a temporary injunction on enforcement until a vote. If the vote failed, we would then have to move forward with the notices. If it passed, then there was no violation.

Cathy:

Here's the next issue with a judge: if the BOD requires alarm signs to be taken down, and then one of the people with an alarm sign ends up with their home burglarized, do you think they will sue the Board? If the Board has not been using the "good business judgment rule," then their D&O coverage may not cover a judgment against them...

JPM