HOAleader.com - Tip of the Week - October 5, 2018
Published: Fri, 10/05/18
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More Tips on Political Signs in Condos and HOAs as Next Month’s Election Nears
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The midterm elections are Nov. 6. In this week’s tip, we offer additional insights on how you might handle political signs that are popping up on your residents’ lawns, windows, and other places.
Take the example of the California owner who’s in a dispute with his HOA over two signs he’s put in his home’s window protesting the current administration’s immigration policies and welcoming neighbors of different backgrounds.
The second sign—which says, “No matter where you are from, we’re glad you’re our neighbor,” in three languages—is a common one, and it’s been planted in yards in other parts of the country, too.
Typically, condos and HOAs have the right to prohibit commercial signs, but this owner in California says free speech protections require that they permit political speech, particularly before an election such as the November midterms on Nov. 6. Is he right?
Under California law, the owner who’s arguing that his HOA can’t restrict his political signs would probably win if his case got to court, predicts Susan Hawks McClintic, co-managing shareholder and the chair of the community association transactional practice group at the law firm of Epsten Grinnell & Howell in San Diego.
“Under our law, I’m not even sure that restriction is enforceable,” she says. “Our law is very specific on noncommercial speech in terms of posters, flags, and so on. Even prior to the law being passed, our firm had taken the position that if someone had a sign in their interest [i.e., in their unit], there wasn’t much you could do.”
The law McClintic is referring to is the Davis-Stirling Common Interest Development Act. “I consider a political sign a noncommercial sign, which a community association can’t prohibit on a separate interest under the Davis-Stirling act,” she explains. “Noncommercial signs on separate interests may be prohibited only for the protection of public health or safety or if the posting violates local, state, or federal law.”
California does place some restrictions on political signage, as does Nevada. But Florida and Illinois differ. Find out more in our new article:
https://www.hoaleader.com/members/3799.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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More Tips on Political Signs in Condos and HOAs as Next Month's Election Nears
The midterm elections are Nov. 6. In this week's tip, we offer additional insights on how you might handle political signs that are popping up on your residents' lawns, windows, and other places.
Click here to read full article:
https://www.hoaleader.com/public/More-Tips-on-Political-Signs-in-Condos-HOAs-as-Next-Months-Election-Nears.cfm
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Midterm Elections Are Weeks Away: Best Practices for Political Signs at Your Condo/HOA
A California owner is in a dispute with his HOA over two signs he's put in his home's window protesting the current administration's immigration policies and welcoming neighbors of different backgrounds.
Click here to read full article:
https://www.hoaleader.com/members/Midterm-Elections-Are-Weeks-Away-Best-Practices-for-Political-Signs-at-Your-CondoHOA.cfm
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Handling Fellow Board Members' Requests with Kindness and Respect
An HOAleader.com reader asks, My question is how to handle this with kindness and respect. I have a board member who's a friend and wants to 'finish' the home's windows. That's where you frame it out and put a frame around every window; most homes have this done in the front of the house. The rest of house is just window seal.
Click here to read full article:
https://www.hoaleader.com/members/Handling-Fellow-Board-Members-Requests-with-Kindness-Respect.cfm
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When You Want Nonmembers on Your Condo/HOA Committees
An HOAleader.com reader asks, If the only statement about committees in our declarations and bylaws is, 'The board of directors or the president may appoint committees of members to assist in the conduct of the affairs of the association,' does that mean we can ONLY have homeowners in our architectural review committee? Or can we have others who aren't homeowners volunteers? I only want an advisory ARC. They won't be making any final rulings or decisions.
Click here to read full article:
https://www.hoaleader.com/members/When-You-Want-Nonmembers-on-Your-Condo-HOA-Committees.cfm
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Yes, Some Owners May Be Outrageous. You Still Have to Follow Your Law and Rules
In this week's tip, we discuss an Illinois court decision backing an (allegedly) incredibly noxious condo owner--who (allegedly) once exposed his genitals at a condo meeting.
Click here to read full article:
https://www.hoaleader.com/public/Yes-Some-Owners-May-Be-Outrageous-You-Still-Have-Follow-Your-Law-Rules.cfm
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