For Lease Sign

Started by JohnH18 • 2 replies • 1171 views

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JohnH18 (Georgia)
Posts: 17

Posted:

We have a covenant stating that the only signs permitted in yards are for sale signs and alarm signs. Other signs must be approved. We had a for lease sign posted for a lengthy period of time. The management co. did not address the sign issue in any way. We used the "self help clause" and removed the sign. The sign was removed by an architectural review member and notified the real estate agent of the removal. The house from which the sign was removed was vacant and the sign actually belonged to the realtor not the homeowner. The ARC member has been accused of stealing and trespassing and even extortion? The ARC member has contacted several other Board officers from other subdivisions and the majority of those people said this is done on a routine basis (removing signs).
Input is appreciated.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Our CC&Rs allow for the board to enter the property to correct a violation.

However, we would never do that without first sending a violation notice to the person to give him or her the chance to correct the violation.

And the only time we ever actually did use that clause, we did it after a lawsuit was filed, and in which we won, that required a fence to be removed and dogs to be removed.

At that point, we also now had a court order backing us.

The person is probably just blowing off steam (I have no idea where "extortion" would enter into it), but the signs should never have been destroyed or thrown away, even if they were in violation. Removing them is one thing. We remove signs from the front of our development (placed on the common area) all the time, but we place them behind our stone wall at the entrance so the owners can retrieve them.

So if the signs can't be replaced, they should be reimbursed by the HOA.

GlenL (Ohio)
Posts: 5,491

Posted:

John that excuse is right up there with "I was just following orders." Your ARC person did indeed steal the sign and the realtor could press criminal charges. If the sign was such a menace that the BOD would not have approved then it should have been handled just like any other violation. Our documents also have a self-help clause but I wouldn't think of entering another H/O's property without a court order except for an immediate danger and an improper sign IMHO is not an emergency; especially if it had already been there for a "lengthily period of time."

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