My Homeowner association requesting Ron Paul yard signs be taken down!!!

[Thomas Paine]

Condominium = homeowner's association = you don't really own your property, just the right to use it.

That's exactly right. This is why I would never live in an association.

 

[Thomas Paine]

This is where libertarianism and myself separate.

I happen to believe that my Rights are inalienable. They can't be taken, bartered, stolen, signed away or compromised.

As far as I'm concerned these Homeowners Associations can kiss my butt.

The Homeowners Association can and will sue you and make you pay their attorney fees. Trust me. I know. I am a trial attorney with experience in association lawsuits.

 

[wowabunga]

Do what I did several years ago.... have never felt better.... who needs those cookie cutter neighbors anyway.... MOVE...!

 

[the_bee]

How long would that take?

The Homeowners Association can and will sue you and make you pay their attorney fees. Trust me. I know. I am a trial attorney with experience in association lawsuits.

How long would that take?

 

[ecliptic]

read the fine print

put your sign in the window of your car and park it in the driveway or on the street.

Good advice. You have to follow the HOA rules is what I've heard. Not an expert but everything I've read says you are bound by HOA rules and likely signed away some of your rights in the HOA agreement.

We Americans don't always realize it but every time we sign a Government or HOA or "Housing Authority" or "Family Law" { scum... } etc. etc. document we are signing away our rights. I for one am declaring an indefinite boycott of signing-away-of-my-rights. I am carefully and methodically dropping out of "the system" altogether no matter what additional hassles this will entail. I am currently in the research and development phase. I plan to rescind my social security number, eliminate all licenses and contracts with the state or federal government, cease all interaction with the corporate surveillance / banking system, and otherwise cease signing away my rights. In this phase I am researching all information regarding privacy and "dropping out" strategically. In addition I am seeking to essentially become the best Pro Se litigant the crooked court system has ever seen. Aim high. "Go for the jugular" ( thinking like a lawyer already, you see... ). I propose anyone with the "right stuff" follow this path. It will be difficult and problematic for you if you do.... but challenging the crooked Judiciary Branch ( and it's hideously de-formed step-cousin the Legislative Branch ) are part of the "next level" of battle in the Restoration of the Constitution.

I do not recommend anyone else do this without very careful consideration of all the ramifications. Beware good patriots! Join me if you can... but only after you fully understand what is involved. This is the next level of rloveution. Are you made of the right stuff?

 

[Thomas Paine]

How long would that take?

A good lawyer for the association will get a temporary restraining order (or similar) within three days after filing the lawsuit with a local court of competent jurisdiction. Depending on the state, there may not even be a hearing for getting the temporary restraining order. Failure for the homeowner to comply with the TRO will be considered contempt of court. Within a couple of weeks, there will be a hearing for preliminary injunction, which is essentially an opportunity for the homeowner to persuade the court as to why the signs should remain up until trial. If the association bylaws are clear and unambiguous, the court will issue an order for preliminary injunction and leave the temporary restraining order in place. In the meantime, the Association's attorney will have racked up $5,000 to $10,000 in attorney fees, which the homeowner will eventually be forced to pay via a judgment.

 

[pacelli]

2 words: Private property.

2 more words: Civil disobedience.

Apparently my homeowner's association has put forth a more or less direct challenge to my display of a Ron Paul for President campaign sign in my yard.

Yesterday in the mail I received the quarterly homeowners newsletter which contained a section that read as follows:

SIGNS

Please be reminded of Paragraph 6.8, a portion of which reads:
"6.8.1 No signs whatsoever (including but not limited to commercial and similar signs) shll, withouth the architectural commitee's prior written approval of plans and specifications therefore, be installed, altered or maintained on any lLot, or on any portion of a Structure visible from the exterior thereof."

The Board, and previous Boards, think that this prohibition includes political signs, so please do not place political signs in your yards."

First, my yard is the ONLY yard in my 96 lot subdivision that has a political sign of any type. So it is fairly obvious who this section is directed against.

Second, I cannot base any counter argument to this based on federal or state constitutional law regarding free speech or violation of public policy as every home owner association covenant agreement forcibly removes all remedy to the covenants via a constitutional path. (yes I'm a dummy, but go read your home owner covenants and 99% chance yours does the same thing. The next house I purchase will either not be in a subdivision or I will explicitly not sign or partially sign the next set) Please see (BRYAN v. MBC PARTNERS, L.P.)

Third, there have been numerous commercial signs placed on lots throughout the neighborhood in the past without homeowner policy enforcement. However enforcement seems to be highly subjective and at the whim of the Homeowners Association. Once again please see (BRYAN v. MBC PARTNERS, L.P.)

However, as pre-law student at one time, the statement of "including but no limited to" is a phrase/term of "limited expansion". Which can be defined that as the term “expansion” applies to things that are already generally described in the definition of whatever is being defined, even if a thing is not specifically named in the definition. For example, in the context of "dinner", dinner will be defined as including but not limited to apples, pears, peaches, and bananas. Therefore one can bring in additional items such as mangos, kiwis, grapes etc... as those items are similar in nature to the list, however, broccili, steak, potato's etc.. cannot due to their nature being manifestly different that the stated list of terms.

Ok given this, the Homeowners Association can only restrict signs of a commercial nature so I plan on writing a brief and polite rebuttal inquiring to the legal definition of the statement "commercial and similar signs" with regards to the afore mentioned definition of the term.

If this path is less than fruitful, I can always put up a flag hanging off my house with Ron Paul < whatever > as it seems that people can adorn their lots with american, state, seasonal, or alma mater flags about their houses.

However, I cannot find a single vendor that sells Ron Paul flags of any substantial size. Any help here would be appreciated.

Anyone else encounter these types of Home Owner issues, actions, etc..??

I will at this time refrain from giving out the Home Owner Associations email address for Paul'er comments unless a remedy of some sort cannot be achieved.

Thoughts? Comments?

 

[webber53]

put your sign in the window of your car and park it in the driveway or on the street.


If they try to pull crap for that check out how many stickers are on autos in the neighborhood.

I agree.

 

[govtpigII]

If they want to be dicks you can play the game.

1-Put a sign in EVERY window of your house

2-Put signs in EVERY vehicle and park them close to the street

3-If you have a trucks fill the back with a few big signs

4- spell RON PAUL in your grass with salt (if its still green)

5-Make a flag and buy the largest flagpole allowed in the assoc. handbook and fly that sucker(hell use a bedsheet and paint it

6-Make a cover for your mailbox that sail RON PAUL (probably a restriction for this)

Anyways, if you want to make a point there are many ways you can. I live in an association and I have chosen to follow the rules only because they are extremely nice and lenient. I would never do any of the above unless I was wronged in anyway by them. Become the voice of reason and be an official member of your association and get them to talk about allowing just 1 political sign in yards at times of elections, say 30 days prior.

 

[the_bee]

A good lawyer for the association will get a temporary restraining order (or similar) within three days after filing the lawsuit with a local court of competent jurisdiction. Depending on the state, there may not even be a hearing for getting the temporary restraining order. Failure for the homeowner to comply with the TRO will be considered contempt of court. Within a couple of weeks, there will be a hearing for preliminary injunction, which is essentially an opportunity for the homeowner to persuade the court as to why the signs should remain up until trial. If the association bylaws are clear and unambiguous, the court will issue an order for preliminary injunction and leave the temporary restraining order in place. In the meantime, the Association's attorney will have racked up $5,000 to $10,000 in attorney fees, which the homeowner will eventually be forced to pay via a judgment.

OK you win ............ I say sell the house

 

[raginggran]

You can deliver a flyer to everyones mailbox explaining that you have taken down your sign for Ron Paul because of a neighbours complaint.

Be sure to detail Ron Pauls platform in your flyer..WHY it is so important to communicate Dr. Pauls message.
Perhaps you could organize an informal meeting to get your message out.

I would particularly outline the media blackout.

good luck

 

[pinkmandy]

I really like the flag idea!!!!

 

[hummtide]

What about landscaping?

You could get hedges or something shaped into "RP08" or something.

Or flower bed too!

 

[mconder]

You made the mistake by moving into a covenant neighborhood. You gave up your constitutional rights by voluntary contract. I don't know why a person would do this.

 

[hummtide]

Yeah, I myself never understood stupid cookie-cutter homes where your neighbor can reah out their window and touch your home... and for what they charge..heck, give me a real LOT!

 

[Tidewise]

The Homeowners Association can and will sue you and make you pay their attorney fees. Trust me. I know. I am a trial attorney with experience in association lawsuits.

So am I; my firm represents over 300 HOAs and mostly what I do is HOA litigation.

To the OP:
PM if you are in California.

 

[OceanBlue]

i would definatly fly a ron paul flag, get a giant window decal for your car and put a sign on the inside window of your house.

 

[TaxProtester]

One thing to remember. Not everything that HOAs do is legal. What I would do is sue the board and let it be argued in court. You may very well lose though. Depending on the laws concerning HOAs in your city, county or state. Any competent attorney in your area can tell you if you have a case or not.

 

[whutaboutbob]

I would leave it up and dare one of them to come and take it down.

But, that's just me.

 

[scottincr]

Do you have mail boxes? If so, make a mail box out of RP signs.