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HenryS6 (Arizona)
Posts: 111
Posted:
Our HOA recently passed a new rule prohibiting posting of real estate signs on association owned property. They look ugly and the board was uniramous in not wanting the signage on our property.

How best do we enforce this rule? The current plan is that we throw away real estate signs, but I don't think that is quite right as the signs are the property of the agent. I am not sure what other avenues we have available to legally and properly handle these signs that appear in the neighborhood?

How do other HOAs handle unwanted signage on community property?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Throwing away property that you don't own is just asking for a fight and is not going to end well. Also, do your governing documents give you the authority to implement this type of rule?
KennethS2 (California)
Posts: 36
Posted:
Our Association Community standards manager picks them up and has them in the office for those real estate brokers who what them back. At the same time the rules are provided to the brokers. They also to to the house for sale, open house day, and explain the rules and how to pick up the signs. The point gets across very fast.

Ken
KerryL1 (California)
Posts: 14,550
Posted:
First, Henry the "HOA" didn't make a rule, the Board did. Next, does your Board have the authority to forbid realtor signs? Do your CC&Rs say anything about such signs?

Our CC&Rs say all signs are forbidden in our condo windows or on our balconies. BUT, our city says we cannot forbid realtor signs in windows. The City supersedes our CC&Rs, so we must permit realtor signs, but we can limit their size, which we do in our rules & regs.

Ken's method sounds good, Henry, IF your board has the authority to ban such signs. We don't know your "real" state, but check with your city.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
I'm quite confident that we have the right to prohibit signs that are located on HOA owned property, just like a private homeowner has the right to prohibit others from leaving signs on his/her own property.
SheliaH (Indiana)
Posts: 6,964
Posted:
That doesn't sound very confident - either you have the authority or you don't. If your CCRs don't specifically state this is limited, the Bylaws should indicate the Board has the power to enact additional rules, as long as they don't try to supersede the CCRs or Bylaws (this has been pointed out to you several times already).

If you have the authority, I hope the Board has also advised the homeowners of this new rule with an effective date (30 days from the date the Board voted on the resolution is a fair warning.) If you have a website and/or print newsletter, you can post them in both areas.

And why are you passing rules when you haven't thought about enforcement? It's one thing to come up with some initial procedures and tweak them as you go along, but you and your colleagues passed the rule and are now wondering how to enforce it?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By HenryS7 on 10/17/2021 4:46 PM
I'm quite confident that we have the right to prohibit signs that are located on HOA owned property, just like a private homeowner has the right to prohibit others from leaving signs on his/her own property.

I can't think of a more dangerous attitude for any HOA board member to have. Sometimes what seems obvious isn't obvious and you cannot run a legal corporation based solely on your confidence alone.
LetA (Nevada)
Posts: 2,679
Posted:
There is a great divide between common property and private property. Since all owners own the common property. you are basically fighting a losing battle.
Many places where I live SFH they own the front of the =yard and such a covenant is moot. We gladly welcome for sale signs as well as open house signs.

I know out here the ground is hard as a rock and holes don't fill in like traditional dirt. You're in AZ and probably like us in Vegas have Caliche for dirt, I feel it not too prudish to ask the realtor to fill in the
post hole once the home is sold, that is neighborly and amicable.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By HenryS7 on 10/17/2021 4:46 PM
I'm quite confident that we have the right to prohibit signs that are located on HOA owned property, just like a private homeowner has the right to prohibit others from leaving signs on his/her own property.

Just who in the %$&# do you think owns the HOA, the board?????
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By MaxB4 on 10/17/2021 7:48 PM
Posted By HenryS7 on 10/17/2021 4:46 PM
I'm quite confident that we have the right to prohibit signs that are located on HOA owned property, just like a private homeowner has the right to prohibit others from leaving signs on his/her own property.


Just who in the %$&# do you think owns the HOA, the board?????

The board of directors are the land managers of the parks and the community property that is owned by the association. The association of course is owned by all homeowners.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By HenryS7 on 10/17/2021 7:52 PM
Posted By MaxB4 on 10/17/2021 7:48 PM
Posted By HenryS7 on 10/17/2021 4:46 PM
I'm quite confident that we have the right to prohibit signs that are located on HOA owned property, just like a private homeowner has the right to prohibit others from leaving signs on his/her own property.


Just who in the %$&# do you think owns the HOA, the board?????


The board of directors are the land managers of the parks and the community property that is owned by the association. The association of course is owned by all homeowners.

You're why HOA's get a bad rap at times.
TimB4 (Tennessee)
Posts: 21,056
Posted:
Our Association would allow realtor signs on common area on the day of the open house but had to be removed at the end of the open house.

If they were installed, or left, on any other day the board would collect them and place them at the front door of the selling home. We would then call the realtor on the sign and tell them the signs were left on the property and any future violations would result in a monetary penalty to the owner of the property.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By HenryS7 on 10/17/2021 4:46 PM
I'm quite confident that we have the right to prohibit signs that are located on HOA owned property.
I would be as well. All the governing documents I have seen give the board the right to regulate usage of common property with reasonable rules. I think it's fine to photograph the sign in position (for evidence); take it down; and then send a notice of violation to the owner whose property is for sale. The realtor acts at the direction of the owner, hence the owner can be noticed with a violation.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By AugustinD on 10/18/2021 3:51 AM
Posted By HenryS7 on 10/17/2021 4:46 PM
I'm quite confident that we have the right to prohibit signs that are located on HOA owned property.
I would be as well. All the governing documents I have seen give the board the right to regulate usage of common property with reasonable rules. I think it's fine to photograph the sign in position (for evidence); take it down; and then send a notice of violation to the owner whose property is for sale. The realtor acts at the direction of the owner, hence the owner can be noticed with a violation.

I'm surprised you would say this. For all you know his governing documents specifically state that for sale signs are allowed. Ours do. Making a decision because you feel confident is bad business and foolish.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JohnT38 on 10/18/2021 4:01 AM
I'm surprised you would say this. For all you know his governing documents specifically state that for sale signs are allowed. Ours do. Making a decision because you feel confident is bad business and foolish.
Based on Henry's wording above, and the mere fact that he posted the query, I think it's unlikely. But sure Henry should check.

I am surprised at the number of people here who seem to be banking that there is a covenant that allows for sale signs on HOA owned common area.

The OP wisely asked about the situation. Snapping at him seems unnecessary.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By AugustinD on 10/18/2021 4:14 AM
Posted By JohnT38 on 10/18/2021 4:01 AM
I'm surprised you would say this. For all you know his governing documents specifically state that for sale signs are allowed. Ours do. Making a decision because you feel confident is bad business and foolish.
Based on Henry's wording above, and the mere fact that he posted the query, I think it's unlikely. But sure Henry should check.

I am surprised at the number of people here who seem to be banking that there is a covenant that allows for sale signs on HOA owned common area.

The OP wisely asked about the situation. Snapping at him seems unnecessary.

I guess your idea of "snapping at him" is different than mine. When asked his response was "I'm quite confident that we have the right to prohibit signs that are located on HOA owned property, just like a private homeowner has the right to prohibit others from leaving signs on his/her own property."

This is a poor answer and you know it. A board member has a responsibility to know their governing documents and if they don't know about a specific answer then it's on them to look it up. As I implied before, making a decision simply because it seems logical to you is foolish.

HenryS6 (Arizona)
Posts: 111
Posted:
Our governing documents defer the management of the parks and community property to the board.

I am not talking about regulating the for sale sign hung in front of a private home, although other HOAs regulate those too. I am just talking about the little signs that have an arrow that point someone in the direction of a house that are left on community property. We have one corner that has collected upwards of six or seven of these at times and they look ugly.
HenryS6 (Arizona)
Posts: 111
Posted:
Our governing documents defer the management of the parks and community property to the board.

I am not talking about regulating the for sale sign hung in front of a private home, although other HOAs regulate those too. I am just talking about the little signs that have an arrow that point someone in the direction of a house that are left on community property. We have one corner that has collected upwards of six or seven of these at times and they look ugly.
BobS38 (Oregon)
Posts: 57
Posted:
@Henry: Search the CCR's for sections about signs. Most CCR's have a paragraph and CCR's about it.

To the group here. So we are all working on hypotheticals, as the CCR quote hasn't been posted yet.

So what about this hypothetical...let's assume there is no mention of signs in the CCR's. Nothing. An activity that is not restricted.

Can Henry's HOA create a rule to restrict an activity that previously was not restricted? The homeowners previously enjoyed the right to place signs. Can the Board suddenly take away that right through a rule?
KerryL1 (California)
Posts: 14,550
Posted:
I confess I misread your O.P., Henry & didn't notice it specifically states your common areas.

Your approach seems logical, Henry. Our CC&Rs don't permit owners to place ANYthing on our common areas, so our Board could make such a rule, too.

Tim's solution make sense.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JohnT38 on 10/18/2021 4:49 AM
Posted By AugustinD on 10/18/2021 4:14 AM
Posted By JohnT38 on 10/18/2021 4:01 AM
I'm surprised you would say this. For all you know his governing documents specifically state that for sale signs are allowed. Ours do. Making a decision because you feel confident is bad business and foolish.
Based on Henry's wording above, and the mere fact that he posted the query, I think it's unlikely. But sure Henry should check.

I am surprised at the number of people here who seem to be banking that there is a covenant that allows for sale signs on HOA owned common area.

The OP wisely asked about the situation. Snapping at him seems unnecessary.


I guess your idea of "snapping at him" is different than mine. When asked his response was "I'm quite confident that we have the right to prohibit signs that are located on HOA owned property, just like a private homeowner has the right to prohibit others from leaving signs on his/her own property."

This is a poor answer and you know it. A board member has a responsibility to know their governing documents and if they don't know about a specific answer then it's on them to look it up. As I implied before, making a decision simply because it seems logical to you is foolish.

I read him to be likely (though not definitely) saying that the covenants allow the HOA to make rules concerning the use of the common area and nothing more.

I already agreed he should check (or double check) his covenants to see what they say about for sale signs on common area.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By BobS38 on 10/18/2021 7:20 AM
Can Henry's HOA create a rule to restrict an activity that previously was not restricted? The homeowners previously enjoyed the right to place signs. Can the Board suddenly take away that right through a rule?
Henry's HOA's governing documents say the board is in charge of managing the common areas yada. Nationwide given such a covenant, reasonable rules concerning use of the common area are allowed. As long as proper notice is given, I think prohibiting "for sale" signs on common area is reasonable.
JaniceM7 (Maryland)
Posts: 16
Posted:
Interesting article https://www.inman.com/2018/01/12/realtor-confronts-hoa-for-trashing-open-house-signs/
MaxB4
Posts: 3,513
Posted:
I managed condos for a number of years, and real estates signs have been allowed in all of them. All signs have been promptly removed once the unit has sold, and the couple that weren't, the realtor was called and it was removed shortly thereafter. The last person I want making any rules is the poster, for all the reason he has posted over time.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By AugustinD on 10/18/2021 9:42 AM
Posted By BobS38 on 10/18/2021 7:20 AM
Can Henry's HOA create a rule to restrict an activity that previously was not restricted? The homeowners previously enjoyed the right to place signs. Can the Board suddenly take away that right through a rule?
Henry's HOA's governing documents say the board is in charge of managing the common areas yada. Nationwide given such a covenant, reasonable rules concerning use of the common area are allowed. As long as proper notice is given, I think prohibiting "for sale" signs on common area is reasonable.

How often are there CE's & LCE's on the lawn of SFH vs Condos? My guess it is more prevalent in condos than SFH. Sometimes HOA's need to think about the battles they fight. It gets costly pushing papers across the desk between lawyers.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
From our Covenants:

Section 4. Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC except

(a) professional security signs consistent with the Community-Wide Standard*
(b) any signs required by legal proceedings,
(c) reasonable and appropriate signs erected by the Board,
(d) builder marketing signs, and
(e) signs erected by Declarant. In connection with a bona-fide offer to sell or lease a Lot or residence, one (1) professionally lettered "For Sale" or "For Rent" sign consistent with the Community-Wide Standard shall be permitted provided the sign has a maximum area of six (6) square feet and a maximum height of four (4) feet above
ground level, and (ii) the content of the sign states only that the Lot or residence is "For Sale" or "For Rent" and the name and telephone number of the person to contact for additional information. "For Sale" or "For Rent" signs including any additional information shall not be permitted in the Community. Notwithstanding anything provided herein to the contrary, no sign shall be displayed on or from within any structure on a Lot.


We have never objected to signs pointing the way to Open Houses or Home For Sale signs erected on common property though I suppose we could and if things got messy, we would.

BarbaraT1 (Texas)
Posts: 821
Posted:
The association I manage does not allow any advertising signage in the common areas unless previously approved by the board. I pick up any unapproved signs and store them at my office. I make one attempt to contact whoever owns it and, if they don't pick it up within a week, toss it.
MichaelS56 (Minnesota)
Posts: 858
Posted:
Our Association allows for these type of signs.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I would think the HOA board would not act so very antagonistically towards a dues-payer who is professionally marketing their home for sale. I get the "ugly" part of the sign, but "For Sale" signs should be temporary and have a purpose with reasonable regulations of "For Sale by Owner" signs (in case someone isn't really serious about selling their home). And the HOA should know a reasonable time frame for installing and removing such signage.

This seems overly harsh in common sense terms, especially as a new rule created by the HOA board. The HOA should serve its members as best possible before restricting actions. I'm not sure what point is served by banning real estate signs for bona fide sales actions.

HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By KellyM3 on 10/20/2021 2:29 PM
I would think the HOA board would not act so very antagonistically towards a dues-payer who is professionally marketing their home for sale. I get the "ugly" part of the sign, but "For Sale" signs should be temporary and have a purpose with reasonable regulations of "For Sale by Owner" signs (in case someone isn't really serious about selling their home). And the HOA should know a reasonable time frame for installing and removing such signage.

This seems overly harsh in common sense terms, especially as a new rule created by the HOA board. The HOA should serve its members as best possible before restricting actions. I'm not sure what point is served by banning real estate signs for bona fide sales actions.


I'm not sure you understand what we are talking about? I am not talking about the sign in front of the house that is for sale. I am taking about all the little signs with arrows that get scattered about by the agent. In today's app based world, nobody looks for little arrow signs. These get placed upon association owned property and then the agents don't bother to pick them up and leave them up year round as advertising for themselves. The agents don't live in our community.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By HenryS7 on 10/20/2021 3:18 PM
Posted By KellyM3 on 10/20/2021 2:29 PM
I would think the HOA board would not act so very antagonistically towards a dues-payer who is professionally marketing their home for sale. I get the "ugly" part of the sign, but "For Sale" signs should be temporary and have a purpose with reasonable regulations of "For Sale by Owner" signs (in case someone isn't really serious about selling their home). And the HOA should know a reasonable time frame for installing and removing such signage.

This seems overly harsh in common sense terms, especially as a new rule created by the HOA board. The HOA should serve its members as best possible before restricting actions. I'm not sure what point is served by banning real estate signs for bona fide sales actions.



I'm not sure you understand what we are talking about? I am not talking about the sign in front of the house that is for sale. I am taking about all the little signs with arrows that get scattered about by the agent. In today's app based world, nobody looks for little arrow signs. These get placed upon association owned property and then the agents don't bother to pick them up and leave them up year round as advertising for themselves. The agents don't live in our community.

I've been managing associations for a number of years, and have yet to see this to be an issue. If a sign happens to have slipped through the crack, a quick phone call and the issue is resolved.

I really hope there are bigger, more important issues that an association could focus on.
KerryL1 (California)
Posts: 14,550
Posted:
Most have agreed with you, Henry, that the signs that are on your common areas should be removed. And the realtor informed they've been removed. It's not your problem they aren't near your HOA. Those who actually experience this gave you tips. IF signs were posted in our common areas, our PM would remove them and inform the realtor to pick them up. Carry on and ignore Max's banal snipes.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 10/20/2021 3:41 PM
Most have agreed with you, Henry, that the signs that are on your common areas should be removed. And the realtor informed they've been removed. It's not your problem they aren't near your HOA. Those who actually experience this gave you tips. IF signs were posted in our common areas, our PM would remove them and inform the realtor to pick them up. Carry on and ignore Max's banal snipes.

Actually, if you read the comments, it seems only you and Augustin agree with Henry.
KerryL1 (California)
Posts: 14,550
Posted:
I'm terrible at math, Max, but you seem to be worse. Many posters say remove the signs from the common areas.

Henry, how about providing us with the exact words in your CC&Rs about owners' items being placed or the common areas OR that the Board has the authority over the common areas to make rules about them. Our CC&Rs say both.

I think your use of the phrase "community areas" is confusing unless that's the Language in your documents.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 10/20/2021 4:43 PM
I'm terrible at math, Max, but you seem to be worse. Many posters say remove the signs from the common areas.

Henry, how about providing us with the exact words in your CC&Rs about owners' items being placed or the common areas OR that the Board has the authority over the common areas to make rules about them. Our CC&Rs say both.

I think your use of the phrase "community areas" is confusing unless that's the Language in your documents.

I think you are having another of your frequent senior moments. The topic was prohibiting real estate signs, NOT the removal of said signs.
MichaelS56 (Minnesota)
Posts: 858
Posted:
Our Association does not allow those little signs that have been referred to. WE allow one 3' x 5' for sale sign.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MichaelS56 on 10/20/2021 4:51 PM
Our Association does not allow those little signs that have been referred to. WE allow one 3' x 5' for sale sign.

I think this conversation went sideways a long time ago.
KerryL1 (California)
Posts: 14,550
Posted:
Henry inquired about enforcement; many offered him advice.

I think the moderator needs to expel Max again for (pathetically) trying to insult posters--two of us in this thread. Wonder what name he'll fabricate next? It will be his 4th (at least!).
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Henry,

Tim's advice is relevant here.

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