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RichK (Illinois)
Posts: 5
Posted:
I would like to put out an election sign but some people tend to thing that the dec don't allow it. Here is how they read, what do you think.

Limitations on Signs. No “for sale” or “for rent” or brokers signs shall be erected, placed or permitted in the year of any Lot, and any such sign as may be located other than in the yard shall not be more than five (5) square feet. No advertising signs, billboards, or object of unsightly appearance or nuisances shall be erected, placed or permitted to remain on any portion of any Lot.
SusanW1 (Michigan)
Posts: 5,202
Posted:
1. Please - proof-read what you typed once more.
2. Are there any other bylaws that talk about signs? What comes before and after this bylaw?
RichK (Illinois)
Posts: 5
Posted:

Limitations on Signs. No “for sale” or “for rent” or brokers signs shall be erected, placed or permitted in the yard of any Lot, and any such sign as may be located other than in the yard shall not be more than five (5) square feet. No advertising signs, billboards, or object of unsightly appearance or nuisances shall be erected, placed or permitted to remain on any portion of any Lot.

No other rules that I know of.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Susan,
Do you think that they allow window or door signs with the 5 sq.ft. allowance?

JeanneK3 (Maryland)
Posts: 562
Posted:
Many state laws allow election signs in HOAs such that it doesn't matter what your documents say. In Maryland one can have a lawn sign for 30 days before and 10 days after an election. You need to check Illinois law on the matter.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Limitations on Signs.

No “for sale” or “for rent” or brokers signs shall be erected, placed or permitted in the yard of any Lot,

and

any such sign
(as may be located other than in the yard)
shall not be more than five (5) square feet.

No
advertising signs,
billboards,
or object of unsightly appearance or nuisances
shall be erected, placed or permitted to remain
on any portion of any Lot.

___________________________________________________________________

MEANS:

No "for sale" or "for rent" signs can be place IN THE YARD.
BUT if you place one in any place OTHER than the yard, it can't be more than 5 ft. square.

Other signs (listed) and junky signs can't be placed anywhere.

This doesn't say anything about where you can put political signs or about their size.
MarianneG (Indiana)
Posts: 170
Posted:
Susan, your way of writing out the sign paragraph presents it in a clear way.

Who interprets what is an unsightly, nuisance, or advertising sign? Is a sign recommending a political candidate an advertisement or is it freedom of speech? Is a sign of any kind unsightly or is it beautiful (to the eye of the beholder)? Could a sign be a nuisance to some and informative to others?

I remember reading elsewhere in this forum a discussion about whether Nana's Garden and/or a Welcome sign could be considered in violation of the sign paragraph that occurs in many HOA docs. It seems to me that these sign paragraphs are sure open to a lot of interpretation.
KirkW1 (Texas)
Posts: 1,665
Posted:
This is yet another example of a rule that should be re-written.

To be honest, it is so poorly written as to mean whatever the current Board decides it means. If you have a PM anything like ours he/she will assume your sign is advertisement and send you a violation notice.

I am about of the opinion that these things should have to pass a test before recording. If three out of five people stop and say "what?" then the person attempting to file said rules gets fined and sent on their way.
MaryA1 (Arizona)
Posts: 7,043
Posted:
What Marianne says is true; however, in most assn docs the board is charged with the power to interpret the covenants. They may interpret this article to mean NO SIGNS period! However, my interpretation is that political signs are OK as they are not specifically listed as other type signs are. But, in the end, it's how the board interprets, not me! I would check out IL HOA law. As I mentioned in an earlier thread, many states have adopted statutes addressing political signs.
RichK (Illinois)
Posts: 5
Posted:
I agree it is a very poorly worded and could mean whatever the board wants it to mean. This was one of the jewels that was left to us by the builder. I am on the board and there is a little some disagreement as to what it means and currently the rules go a bit farther and say “no signs” but I think that is because when the rules were written the board interpreted the decs as meaning no signs in the yard. Currently the board is trying to change the decs but have a very apathetic HO group so it will probably fail.

We are single family homes and I am trying to work within the decs but to change the rules to give people more freedom for election signs, birth announcements and others. Thanks for your help.
DonN (Michigan)
Posts: 357
Posted:
You might wish to consult with the First Amendment Center. I note today that their lead story concerns yard signs. The Center has a specific post on Political Yard Signs. Restrictions by local governments and by owners associations are both discussed. Generally, public bodies shall not restrict speech by restricting signs. However, owners associations can do so through the private contract — the CC&Rs.

RogerB (Colorado)
Posts: 5,067
Posted:
Rich, check to see if Illinois has state statutes which over rule the Declaration of CC&Rs. Colorado statutes do on political signs.
EllenS1 (Florida)
Posts: 1,148
Posted:
Rich,

I agree with Ron. While hoas don't want a bunch of junk signs I'm sure new laws would allow political signs. Americans, unlike some other countries, allow freedom of speech. While we have our young people fighting for our freedom I seriously doubt hoas can restrict your rights. Check with your state.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,
Read Dons post with the "First Amendment Center" as it gives you correct information.
EllenS1 (Florida)
Posts: 1,148
Posted:
DonnaS,

Frankly, I am not concerned with the "correct" information. I wrote a lenghty answer but I can't find it right now. I refuse to have any hoa tell me that I can or cannot express my right to put up a political sign..so sue me.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Funny, you didn't object to that "right" when you agreed to follow the CC&Rs.

If you want that "right" in your HOA, then go through the proper channels to make it part of the documents.

Produce an amendment for the other members, who also agreed to follow the documents, to vote on and agree to.

Remember, this is NOT a government institution, it is a corporation that you entered into an agreement with.

Nice attitude for a board member who is supposed to be working to maintain the integrity of those governing documents. . . .
MicheleD (Kentucky)
Posts: 4,491
Posted:
THat should say, "Funny, you didn't object to abridging that "right" when you agreed to follow the CC&Rs."

SusannaM (Florida)
Posts: 366
Posted:
I think it's time to close this thread.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,
What Don posted is interesting reading on political signs and different scenerios where suits have gone to court. It states just what Michelle has been saying all along. That HOAs are a seperate governing body and do have the rights to make these kind of rules.

Anytime someone posts such a good reference to a subject that we are debating, it is time to put down the blockade and read from another point of view. I argued on a subject a while back and a couple of these great fellow posters told me that I was wrong. I opened up my mind, did research and came back to tell them that I was wrong. It doesn't hurt a bit.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Rich,

In a few days, this topic will be moot. However, now is a good time for the board to address the problem and perhaps amend the gov. docs accordingly. They shouldn't wait til the next election comes around. Many states have adopted a law saying HOAs cannot prohibit the display of political signs. Here's how the AZ law reads:

"C. Notwithstanding any provision in the community documents, an association shall not prohibit the indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs earlier than forty-five days before the day of an election and later than seven days after an election day. An association may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign with the maximum dimensions of twenty-four inches by twenty-four inches on a member's property. For the purposes of this subsection, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer."

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