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FrankD2 (New Jersey)
Posts: 58
Posted:
our HOA does not allow signs. Houses for sale may put a sign
in the front window. At Christmas many residents put a sign on the front
lawn stating "Keep Christ in Christmas" with the sign makers name in small print at yhr bottom of the sign. Is this allowed as a religious
showing of the Christmas holiday which are allowed or an infraction of the rule. your comments
HaroldS (Arizona)
Posts: 906
Posted:
Frank - Is this a condo. Do they allow outside Christmas decorations? Can you drape a string of lights around the sign? You know an HOA last year got national negative media attention for trying to deny someone from putting up a large wreath with a peace sign. Harold
FrankD2 (New Jersey)
Posts: 58
Posted:
Harold
this is single family housing comminity. Christmas decorations are
allowed. Is this sign not a Christmas decoration?
FrankD2 (New Jersey)
Posts: 58
Posted:
Harold
this is single family housing comminity. Christmas decorations are
allowed. Is this sign not a Christmas decoration?
JohnB7 (South Carolina)
Posts: 176
Posted:
people, people, people ...... get lives
PaulM (Pennsylvania)
Posts: 1,347
Posted:
FrankD2: It depends on what your document states as on NO SIGNS and their location--does it imply no signs with advertising? no seasonal signs? no welcome signs? and for sale signs only in the window.

In my mind, the sign you are referring to denoting the Christmas holiday would be compared to a sign that states: Welcome Friends! or Happy Halloween! or Happy Easter...Are these accepted?
SusanW1 (Michigan)
Posts: 5,202
Posted:
If you are confused as to the meaning, then many people are!!

Work to get your bylaws or CCR's more clear. (possible amendment or reminder notice to all confirming the meaning. Do it now, before the season is really upon us!!)
HaroldS (Arizona)
Posts: 906
Posted:
Actually I am surprised your state Reality Association has not gotten your state legislature to approve for sale signs in yards as they have done in Arizona. To me, for sale signs in windows seems rather tacky. Our legislature has also approved political campaign signs in yards "notwithstanding" any provisions in our documents. Of course they want supporters to to be able place their political signs in yards anywhere. Harold
JoeW1 (New York)
Posts: 728
Posted:
FrankD2 - While JohnB7 may think people need to get lives, I say you have an interesting situation that is worthy of discussion. You see, an HOA Board can be reasonable in their enforcement of a rule but at the end of the day they must reasonably enforce what the rule states and that it complies with local, state, federal laws, etc. The HOA Board also runs a very high risk in being accused of discrimination when they do or do not enforce a rule. So it's not just a matter of people getting lives. I don't think anyone would or should object if a rule states holiday decorations can only be on display the first day after Thanksgiving and 3 weeks after Christmas, and someone displays a day or two after or before the holiday. Personally I would be incredibly offended by a sign that tells me to keep Christ in Christmas if it were in my HOA. Because quite frankly I like the fact that I bought into a community where there are rules and regulations that make my neck of the woods devoid of all the information overload out there in the rest of the world. Your rule says no signs, these are signs plain and simple. The fact that these signs are using Christmas to get it's point across is irrelevant. The signs are making a statement that the owners feel necessary to advertise to the community. Who's taking Christ out of Christmas?
BradP (Kansas)
Posts: 2,640
Posted:
If your community allows christmas decorations and this is up in the timeframe that decorations are allowed I see no issue. You need to take the issue of it might offend someone and throw it out, because almost anything anyone does these days offends someone. Some have very strong Christ and Christian beliefs at Christmas time and want to express those, others like me aren't as strong in my beliefs. But...if it makes them happy to do that I am all for it, it is a Christmas decoration IMHO.
JoeW1 (New York)
Posts: 728
Posted:
BradP - While it may be decorative, it is a sign that advertises a belief and the sign-maker.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
GOD help us. For 17 years I have put Red Bows on all the unit doors.
I also strung about five thousand lights in the tress of the common property. But I am going to destroy my computer so no one can find the evidence that I did it. I also put a flagpole up at entrance and don't think I'll apologise for that either. The American Flag is a beautiful flag, all should admire it's beauty. The lights at night make a pretty picture, and the Bows just add a touch of color. I never once gave any thought about thinking I was going to offend or attempt converting anyone to anything. And I wish I had a nickel for everyone I have said Merry Christmas to. I meant them no ill will and never had one person object.
Each year I have folks ask about the lights. I haven't put them up for a few years because it is a big job and I didn't want to do it anymore. No one else has put them up, and that's all right also. Don't spoil the holidays. George Kastanza on Seinfiend and George's father used to put up a Festis Tree, "Festives for the Rest of us" he called it.
We don't allow any For Sale sign anywhere on our Island or anywhere in our condo complex, never been a problem.

I am becoming more and more convinced the state had it right and expects Gated Communities to solve their own problem according to the Law.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
I am happy to see that Hoatalk has wished us one and all a Happy Holidays.
Now, that didn't hurt did it, and I bet you didn't know that.

See posting on HOA topic 10,000 members.

Happy Holidays to you at HOA.
BradP (Kansas)
Posts: 2,640
Posted:
Joe it is a christmas decoration, they happen to believe in Christ. I would think they have better things to do than chase that decoration which will be gone after the holiday season. We put up a wooden ghost in our yard recently that said Happy Halloween on it...is that a decoration or are we advertising our believe in witches and ghosts?
JoeW1 (New York)
Posts: 728
Posted:
BradP - FrankD2's association, right or wrong, does not allow signs. It's that simple. All of this whoopla about the intent of holiday decorations, how pretty they are, how festive, how well-intended etc. is ultimately irrelevant to the reality that a sign is not allowed. I am an advocate of flags, decorations, holiday displays, etc. But a Board's ultimate obligation is to uphold the cc&r's, rules/regs. If you are trying to make a point, compare an apple to an apple, not a halloween ghost to a sign that states Keep Christ in Christmas.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Okay,
I have to get my 2 cents worth on this issue because we went thru this last year with signs.

Our CC&Rs say "No signs of any type or nature" with exception of the builder/developer. Last time we had a Presidental election, 1 bold resident erected a 5x8 foot sign with a Vote for ----. Before the P.M. was on duty the next day, there were 15 more signs. One stated that "Vote against amendment 15" which was a hot button issue concerning abortion.

Amongst those 15 signs was a "Keep Christ in Xmas". Needless to say, our Jewish members wanted to erect a Minorah with some words on it. Things then turned to chaios before we could get control, (which was less than 24 hours) We, all 5 of our BOard, members made trips to the houses that were IN VIOLATION, showed each resident the covenant and explained that every and all signs would be down before 5 P.M. That you can put up Xmas decorations but there were to be "NO WORDING" which to us , made it a sign. The dust settled and everyone got the message. Yes, once in a while, someone will forget about the covenant of NO SiGNs but with all of the residents now on the same page as the Board, we are free from this issue.

By the way, when I drove down the street with all of the signs, it really did look like the Interstate going into Disneyworld. (signs every 8 feet)
DwightT (Idaho)
Posts: 664
Posted:
Donna -

Great to hear that you were able to get everyone back onto the same page so quickly. Just out of curiosity, did any of those homeowners try to use the "Freedom of Speech" card? In the recent election we had a few signs crop up, and a couple of those in violation tried to tell us that we were violating their Constitutional Rights by telling them they couldn't put up campaign signs. One of them was an owner who didn't feel comfortable telling his renters that they had to take down their signs. Since our CC&Rs are clear (no signs except a single 'For Sale' sign in the yard), and we didn't force people to buy into the community with that restriction, our attorney has informed us that FOS doesn't apply.

Also on the subject of signs - has anybody had to deal with complaints about kids lemonade stands and their associated signs, or "lost pet" signs? While we were establishing that the "No signs" rule also applied to the "Open house" directional signs that were cropping up all over the neighborhood, some of the homeowners who had to take their signs down asked if we would enforce that rule if some kids had lemonade stands with signs, or if somebody posted lost animal signs around the neighborhood. So far the only sign in that class that I've had to deal with was one 3x5 lost animal sign from another neighborhood that was posted in our park. I've typically told people that if we start getting complaints about those signs (as we have for the 'Open House' and campaign signs), then we would look into it.
BradP (Kansas)
Posts: 2,640
Posted:
I don't wish to argue about it and am not making any points. I did compare apples to apples because even if our sign was in the shape of a ghost it had wording on it, therefore it is a sign by definition. We have many people we know that don't celebrate Halloween because they feel it is the devils holiday. Back to my point, Christmas by its definition is a celebration of a religous event, the birth of Christ. Therefore the sign itself is a decoration and is quite fitting because it directly relates to the holiday it was put up for.

The nice thing about documents is that they are usually written to give board members some leeway to exercise common sense and good judgement. I don't want to get into semantics about signs in general, looking at Franks situation his HOA allows decorations, they allow for sale signs. Franks question about the sign was is it a decoration, and in my opinion it is because it has direct correlation to the holiday they are celebrating. Some parts of the country are deeply religious and this decoration may fit directly with the belief system of the majority of the community. Ultimately his board has to make the decision based on what they believe is right, mine is meerly an opinion and is not an endorsement of anything.
JoeW1 (New York)
Posts: 728
Posted:
A house for sale sign is the one exception Frank stated his community has. House for Sale signs are not the same as a sign that states Keep Christ in Christmas (KCiC). It is technically an infraction of the rule. I'd have to see the sign in order to comment on it being decorative in and of itself. That it's placed during a holiday season probably makes it decorative in the category of "holiday decorations". How the Board chooses to govern that infraction of sign display is up to Frank's Board.

If you wish to characterize the ghost with the writing as a sign (an apple to an apple) than yes, it would not be allowed in an association that has a rule stating "no signs of any kind". Even though it is decorative or a decoration.

I don't mean to hijack Frank's post but it seems what we are really talking about is making exceptions if a cc&r is broken. When you take the infraction out of the equation, look at it in it's most basic terms and then decide how you would deal with making exceptions to a cc&r infraction. Where people get into a conundrum is in their opinion on the infraction. Is it nice, is it fitting, what did the owners mean, is it offensive, you get the point.

BarbaraM7 (Virginia)
Posts: 86
Posted:
We have no parking/fire lane signs, towing zone signs, speed limit signs, watch for children signs, clean-up after your dog/leash law signs, no parking from here to the corner signs, speed bump signs, and for sale/rent signs. And do most of the people pay any attention to them? NO. People keep letting their dogs poop wherever, they speed through our neighborhood, they park in towing zones, and they aren't buying the houses for sale. So let it go, Christmas will be over a lot sooner then speeding, etc. with be.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
A conflict of interest is a situation in which someone in a position of trust, such as a lawyer, insurance adjuster, a politician, executive or director of a corporation or a medical research scientist or physician, has competing professional or personal interests. Such competing interests can make it difficult to fulfill his or her duties impartially. A conflict of interest exists even if no unethical or improper act results from it. A conflict of interest can create an appearance of impropriety that can undermine confidence in the person, profession, or court system. A conflict can be mitigated by third party verification or third party evaluation noted below—but it still exists.

Now we have a mutual trust in each other as members of an HOA. The Board wants to put the issue of Christmas or religous signs being erected to a vote.

Can all the members vote? If you consider Christmas as a religous expression, do you have a conflict of interest, and so on.
This would end up with only agnostics voting. I mention this only because, "Two Men and A Boy" reruns are not on tonight at this time.

RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By JohnB7 on 11/19/2007 4:21 AM
people, people, people ...... get lives

And your point is............ ?

The OP is asking a serious question and trying to get advice on how to interpret the CC&Rs in his association. Suggesting that he "get a life" isn't really much help is it>

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By FrankD2 on 11/18/2007 4:52 PM
our HOA does not allow signs. Houses for sale may put a sign
in the front window. At Christmas many residents put a sign on the front
lawn stating "Keep Christ in Christmas" with the sign makers name in small print at yhr bottom of the sign. Is this allowed as a religious
showing of the Christmas holiday which are allowed or an infraction of the rule. your comments

Taken at face value, and assuming that they are flat wood, plastic, or cardboard with a stake into the ground, these are indeed "signs" and are not allowed under your CC&Rs. After all, traditional "For Sale" signs are not allowed in yards.

If, on the other hand, residents were to place Christmas or other holliday decorations in the yard (assuming these are allowed) with the same wording on them, they would probably not be considered "signs". A manger scene, for example.

Ron
SC
JoeW1 (New York)
Posts: 728
Posted:
What kind of wording would you put on a manger scene? Eat at St. Joe's?
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By JoeW1 on 11/24/2007 6:36 AM
What kind of wording would you put on a manger scene? Eat at St. Joe's?

"Keep Christ in Christmas" would be appropriate.

The problem with many of our CC&Rs is that they are poorly worded. For example, to regulate or prohibit a sign, we must define what a "sign" is. An effective definition of a "sign" could easily take half a page of text.

Ron
SC

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