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JuneC7 (New York)
Posts: 5
Posted:
Being an election year full of controversy, some of our residents have begun flying flags for Presidential candidates and posting signs for Black Lives Matter. I know free speech matters, but I think an HOA can set ground rules for this type situation.
From our rules book:

1. No advertising signs except one (1) “FOR SALE” or (1) “FOR RENT” sign not exceeding six (6) square feet, is allowed to be placed or permitted to remain on Churchville Greene property, and is to be removed immediately upon closing or renting of the home.

“FOR SALE” sign may be placed in any of one of the following locations on your
home:
• Patio fence
• Any interior window of your home

“Open House” lawn signs may be displayed only during the actual hours of the
open house.

2 No political signs are allowed anywhere within the Greene.

I don't think there is enough verbage in our rules manual to cover multiple kinds of signs let alone flags. Homeowners have begun putting up flags on their fences to get around signs.
If we specify lawn signs, then the signs are on fences or ladders in the patio area.

Has anyone else experienced this? We need to advise homeowners pretty quickly as to what is proper and what is not. I know a rules change is in order...does someone have a good example of a comprehensive rule that covers all situations? I received a recommendation to change the rules to allow only the American flag to be displayed....even then, there needs to be rules as to place, size and how displayed.

Any counsel would be appreciated.

Thanks.....JuneC7

BenA2 (Texas)
Posts: 1,273
Posted:
I think that if your CC&Rs don't clearly prohibit it, leave it alone. Unless, of course, you are talking about common areas where the board can generally create new rules.
GenoS (Florida)
Posts: 4,276
Posted:
JuneC7, apropos of nothing related to your question, I just wanted to recount one of those strange coincidences that seem to happen in life. We have 2 new homeowners in my HOA that just closed on their house last week. On the deed their address is in Churchville, NY. I had never in my life heard of Churchville, NY despite having lived in New York State for over 30 years. And now we have a new poster, yourself, here at HOATalk who seems to be from the same place. Just one of those things, I guess.

My HOA is primarily common property with zero-lot lines. Step outside your front door and you're on common property. We don't permit any signs at all with the exception of an Open House sign on the common property "front yard" area in front of the house. What do your CC&Rs say about the subject? You mention Rules but you should start with the CC&Rs since they're the source of any authority which the Rules may not contradict. If the CC&Rs don't address signs then you're probably OK looking to the Rules & Regulations for guidance.

From the website I found using Google... does your association really have a 9 member Board of Directors plus a management company?
CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree with Ben - if your CC&Rs aren't explicit enough, let it go. The election business will resolve itself by the end of the year, and many people lose interest in the latest "cause du jour" soon enough (no opinion implied, just commenting on human nature).

With luck, it will eventually occur to enough people that a thicket of signs can make their community less attractive to buyers, and there will be enough support for creating some reasonable rules about them. But this process will take time.
KerryL1 (California)
Posts: 14,550
Posted:
Are the fences common area?
BarbaraT1 (Texas)
Posts: 821
Posted:
The election will be over in November. Why stir up controversy and maybe end up on the news?

JuneC7 (New York)
Posts: 5
Posted:
Hi to All....Thanks for your replies.

Our fences are not considered common area. They are the homeowner's responsibility to maintain and/or replace with a variance request.

According to our rules, "No political signs are allowed anywhere within the Greene." This is enforceable until someone challenges us on the definition of
"political".

Flags have become the issue. American flags are not the issue......

Since we have no concrete ruling for flags, they are flying in patio areas and are large.
I know this will take a rules change.

We had an owner put a solid ivy extension on their fence to make it higher for privacy...we changed the rules to fix any future problems but did not enforce the
situation as it occurred before the rule change. It's still there as an eyesore.

Anyway, it looks like the flag enforcement is a moot point till we get a rule defined.
Perhaps we need a rule that backtracks to allow us to enforce infractions done before the rule change.

Your responses are always welcome.

June

GeorgeS21 (Florida)
Posts: 3,808
Posted:
While probably not worth fighting, I continue to believe that "flags" with messages, ARE signs.

Not everyone agrees.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GeorgeS21 on 07/12/2020 11:07 AM
While probably not worth fighting, I continue to believe that "flags" with messages, ARE signs.

Not everyone agrees.

I agree.

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