HOAleader.com - Tip of the Week - September 4, 2020
Published: Fri, 09/04/20
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It's Election Season: Tread Carefully Enforcing Condo/HOA Sign Rules
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In this week's tip, we enter the political arena in this time of a national election with a reminder to be sure you understand what your sign rules say and don't say before seeking to enforce them.
We raise the issue in the context of a report that the vice president of the Camino Ramon Terrace HOA in California has a Black Lives Matter and an anti-Trump sign in her car that her HOA insists she remove. Her response? The HOA has no control over signs in cars parked in the HOA. Is she right?
Our experts have varied opinions on whether signs in cars are permissible in the face of a community's no-signs policy, particularly because the key issue is what the governing documents say. "It's really going to be dependent on the covenants," reports Elizabeth White, counsel at the law firm of Sands Anderson PC in Williamsburg, Va., where she leads the firm's national community association industry team.
"In Virginia, community associations have two bases for rules: One is the covenants, and the other is statutory," she explains. "Associations can't legislate rules regarding what happens on people's lots unless there's clear authority in the declaration and covenants.
"I've seen people try to skirt sign rules during political elections by putting signage on their cars," adds White. "Is it as sign? Is it in a window? Does it have to be a freestanding sign? Look very carefully at the governing documents to determine whether the sign policy covers that specific instance.
"Also, the wording in this newspaper account indicates to me that this is a rule the board has come up with rather than a covenant with runs with the land," she states. "Rules are held to higher scrutiny than what's in the covenants. Under Virginia law and in most states, any rules enacted need to be reasonable, and courts tend to land on the side of free speech."
In Wisconsin, the signs would have to be removed, reports Daniel J. Miske, CCAL, a partner at Husch Blackwell in Milwaukee who represents 650 associations at any given time. "Assuming there's supporting language in the governing documents, most governing documents say that owners can't change the exterior appearance of their unit without permission of the board," he explains. "This is clearly a change to the exterior appearance.
"If this owner wants to put these signs in her windows, that would be permissible during an election because they're clearly political signs," he adds. "Usually, there's a time frame that associations can impose for when political signs must be removed, and that's generally evaluated based on a test of reasonableness."
But the signs are in a car on a street. That doesn't matter? Find out in our new article: https://www.hoaleader.com/members/4187.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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What Condo/HOA Boards Can Glean from an Iowa Emotional Support Animal Case
The Iowa Supreme Court recently sided with a woman who sued her landlord for allowing a tenant to move in to another unit in the building with an emotional support animal. That's despite the building's "no pets" policy and her severe allergy to animals.
Click here to read full article:
https://www.hoaleader.com/members/What-Condo-HOA-Boards-Can-Glean-from-Iowa-Emotional-Support-Animal-Case.cfm
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How Not to Get Hauled Into Court Like This Condo Has
A Florida condo in Florida and its manager are now defending a class action lawsuit alleging a violation of the law after they released the names of owners who were behind on condo assessments. Here, we discuss the case and the broader questions that arise from publishing deadbeat lists.
Click here to read full article:
https://www.hoaleader.com/members/How-Not-Get-Hauled-Into-Court-Like-This-Condo-Has.cfm
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Does a Condo/HOA Have a Heightened Duty to Get Permits and Use Licensed Pros?
Perhaps this article should be tagged under the "we shouldn't have to say this, but…" category. An HOAleader.com reader asks: "Has anyone had an experience where a board of directors knowingly allowed the property manager to undertake multiple large projects at the HOA without using properly licensed professionals and without obtaining permits? The three projects involved masonry, hardscape, sidewalk; roof repairs; and landscape overhaul with a total budget of about $200,000.
Click here to read full article:
https://www.hoaleader.com/members/Does-CondoHOA-Have-Heightened-Duty-Get-Permits-Use-Licensed-Pros.cfm
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COVID-19: Condo/HOA Law Firm Reports Increase in Mental Health Challenges
The attorneys at Eisinger Law in Florida say they've seen a noticeable uptick in calls from the firm's more than 800 Florida homeowners and condominium association clients over mental health issues. Boards are expressing concern and seeking counsel regarding unit owners or residents who are showing acute and ongoing signs of mental illness.
Click here to read full article:
https://www.hoaleader.com/members/COVID19-CondoHOA-Law-Firm-Reports-Increase-in-Mental-Health-Challenges.cfm
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COVID-19: The Effect of Shutdowns on Condo/HOA Water Supplies
Buildings that have been closed may be breeding grounds for illnesses. A reader has asked us to check it out: "I'm an HOA board member, and we've had our clubhouse facility closed for the past three months. I just read that idle water systems (pipes, tanks, etc.) might be breeding grounds for Legionnaires' disease. Have you heard of this, and, if so, do you know of any actions we should be taking before we open the clubhouse again?"
Click here to read full article:
https://www.hoaleader.com/members/COVID19-Effect-Shutdowns-on-Condo-HOA-Water-Supplies.cfm
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