Condo By-Laws say I can't have a Kerry Sign on MY property.

[in_cog_ni_to]

Can they do that? Any attorneys out there who know? The complex has "common" areas and then we owners own the proprty around our unit. The Bi-Laws state that we are not allowed to have ANY political signs on our property and I think they are wrong...can't do that. My sister says they CANNOT do that, it's a matter of "Free Speech." What say you? I want to order some signs for Kerry, Obama and any OTHER Dem running in my congressional district, but don't want to spend the $$$ if I can't display them. Any opinions/laws concerning this? Thanks! :hi:

[flamingyouth]

1. Yes, they can

I used to live in a condo. We were only allowed to display the American flag and nothing political. We got in trouble one summer for having little white lights out on our deck. :eyes:

I really love living in my own house now....

[in_cog_ni_to]

10. I would love to move.

I knew the rules and regulations when we moved here, but for a rebel like me, they are very difficult to get use to. :( Hubbie loves it here because he doesn't have to mow the grass in the summer or scoop the snow in the winter. :eyes:

[flamingyouth]

13. I know the feeling

We lived in that oppressive hellhole for 12 years. We weren't allowed to have a freaking welcome mat! (It was a high-rise, so we didn't have an exterior entry.)

What kind of sick minds come up with condo bylaws, anyway?

On a lighter note, ours included the provision that residents could not keep monkeys as pets. Oh, how I'd love to hear the story behind that one.... :)

[KurtNYC]

2. What about window signs?

And perhaps you could print your own.

[in_cog_ni_to]

5. We have NO windows exposed to the public.

We have a private courtyard (enclosed) that faces the main road and no one can see anything in the front of our condo. All the other windows face inside the complex toward all the other units. :( The only way to see a sign is to have it in our yard. :(

[Not Me]

3. In Florida, there are homeowner's associations that DO restrict

any political signage. Not sure about whether it could be fought successfully.

My HOA does not have a problem with it.

[sangh0]

7. Yes, it can be fought successfully

These "by-laws" are determined by the co-op's board, which is elected. Speak to your neighbors, and if enough of them support Kerry, you might be able to get them to go to the board and tell them that they will be voted out if they don't change that by-law

[fudge stripe cookays]

4. I'd just claim I didn't know.

Who reads all that stuff over completely anyway? ;)

All they could probably do is take you to small claims court. Just keep ignoring the letters they send you until November.

:D

[msanthrope]

9. No No No No.........

Do not do this---

Many HOA's charge daily penalties for signage and other violations and they have the perfect right to take you to court to foreclose upon those fees. It's happened--do a google.

Yes, your HOA, and the typical Nazi's who run the HOA can and usually will enforce a signage issue. And they can fine you, and frankly you have little chance of overturning this in court.

You can have the HOA change it's bylaws, as another poster suggested. Start attendign the monthly meetings, and find out what's what. Who knows, maybe you want to run for president.

[fudge stripe cookays]

17. Thanks Paco.

Didn't know this.

But my mom lived in a condo for awhile and she had a helluva time there too.

I'd advise the same. Work to get onto the board and help to change the rules yourself!

=)

[Walt Starr]

6. Yep, they sure can

The by-laws should have been presented to you at the time of purchase and you agreed to abide by them at the time of purchase, if not the prior owner is liable and can be sued, not the association.

Also, if changes occurred to the by-laws since you purchased the home, you would have been presented a ballot to vote on said changes.

[radwriter0555]

8. The rules of the association supercede other property rights

laws. As part of the association you have agreed to abide by the laws.

You have no grounds, I'm afraid. Perhaps your car would be a less prohibitive place for the display.

[zbdent]

11. Just make sure to report any pro-Bush/Repuke signs

And when you do report it, take a small tape recorder when you file the complaint. Also, demand a receipt.

Now, can you have it in your window?

[dr.strangelove]

12. There are several issues, but they are easy to check

The two big issues are 1) Is this a condo or a co-op, and 2) Are these covenants or simply rules.

1) If you live in a condo, you actually do not own the land outside your door. Most condo arrangements have the occupant owning from the middle of the exterior walls inward, and the condo association owning the exterior walls outward. If this is a condo property, you probably don't own the land at all, and just have a right to egress and some easements for passage and functional use.

If it is a co-op, there are too many ways to list how the land is owned. Often the land is owned by the cooperative corporation (or other business entity) and you have a use interest subject to certain conditions. This is fairly common and the conditions should be clear in your title papers.

2) The other point is whether these are covenants or rules. When PUDs (Planned Urban Developments) began springing up, often sprawling out, the publics' interest in limiting development was debated heavily. Often, in order to obtain approval for a PUD, the contractor had to attach certain covenants on how the land would be used. These covenants were a condition for the residential zone use and are attached to the property until they expire (some never do, though there is a rule against perpetuities argument that has been successful, but that is way too hard to try to explain here). Suffice to say, if the covenants are attached to the original PUD zone plot, they are said to "run with the land" and you will likely not win that fight.
However, if they are association rules that are merely handed down by the local civic association, they may not have the jurisdiction or the administrative rule making ability to pass edicts on signage. I would suggest you look into this as well.

Check your deed and closing papers, then go to the town offices and ask about covenants running with the parcel of land you own. They will be in the chain of title, probably back when the house was first built. Good luck.

[in_cog_ni_to]

19. They are covenants.

Title of our Association Covenants:

COVENANTS, CONDITIONS AND RESTRICTIONS OF BRIARPOINT HOMEOWNER'S ASSOCIATION.

Here's the paragragh from the "covenants"...

No sign of any kind shall be displayed to the public view ON or FROM any part of the properties, without the prior consent of the board, provided that the board's consent shall not be unreasonably withheld as to "FOR SALE" or "FOR RENT" signs by owners on their own lots. :(

Thank you for your input! I appreciate it! looks like we're stuck unless we go to the board and change the rules. It's even worse than I thought because you can't even put a sign in the WINDOW!! I guess I'll leave my CAR parked in the driveway with political signs all over it! ;)

[noonwitch]

14. My mom's condo allows window signs-she has a "Peace of Earth" one

Her UCC church put them out before the Iraq War-"May Peace Prevail on Earth" or something like that.

[pop goes the weasel]

15. Probably

I have never understood why people move into places with such restrictive rules in the first place. But given that the rule exists,and that you think it is wrong, you could call for a vote to change it. Find some Republicans who agree with you so that you make a non-partisan appeal for a change to the by-laws. There is likely some middle ground that will be acceptable--signs of a certain size, candidate names only, limited period of display.

[Inland]

16. Probably, here's a suggestion

Besides putting it in window. I would suggest to the condo board a rule change that would allow for posting in the common area for some period of time before the election and a requirment that they be removed a week or so after.

If you own the property around the unit, it seems natural that you should be able to have a sign or signs, if it is limited in time.

[sandnsea]

18. What's parked in your drive way?

That's how somebody I know is getting around that rule. She stuck a window sign in her motorhome.

[in_cog_ni_to]

21. I'm going to park my car outside in the drive

until the snow flies! I'll put signs on it...use it as a holder for them. ;) Where there's a will, there's a way.

[trof]

20. So does my neighborhood.

Rules of the property owners' association.
Every reads them before they buy, or should.

[in_cog_ni_to]

22. I DID read them

before we bought, but I wasn't political back then...(15 years ago)and really didn't care about it. I do care now. We moved here MAINLY because you don't have to mow grass and scoop snow and there's a swimming pool (which "I" NEVER use). Hubbie loves it, son loves it and I hate it. :(

[progressivebydesign]

23. Lots of condos and home developments have CC&Rs like that..

..it's pretty standard. Some even restrict for sale or rent signs. You agree to the CC&Rs when you move in, it's part of the lease when you rent, or part of the deed when you buy.