Get 2 months of free community web site hosting from Community123.com!
Friday, October 18, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: election signing
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
RussC
(Georgia)

Posts:2


08/09/2006 8:10 PM  
We are a new board in Georgia in transition with the builder. As we are forming our new board and agenda we have had two issues come up that
I would like some advise on. Like many associations we have covenants regarding placing signs on lawns. Does anyone have a process for political signs during an election?Some HOAs alow exceptions to their covenants for political signs 30 days before and 10 days after an election. Another issue arose as our clubhouse was a polling station. As is normal when you go to vote there is a sea of signs from all the candidates. This goes against our covenants as well. Has anyone experienced either of these issues. Your comments would be appreciated.


HaroldS
(Arizona)

Posts:906


08/09/2006 8:42 PM  
Russ - check your state statues for planned communities. You can almost bet that your politicians have specifically addressed this issue to be certain their political signs can be displayed.
Here is Arizona's which trumps any HOA regulations:
Notwithstanding any provisions in the community documents, an association shall not prohibit any of the following:
2. The indoor or outdoor display of a political sign by an association member on that member's property, except that an association may prohibit the display of political signs earlier than forty-five days before the day of an election and later than seven days after an election day. An association may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town or county ordinance that regulates the size and number of political signs on residential property. If the city, town or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign with the maximum dimensions of twenty-four inches by twenty-four inches on a member's property. For the purposes of this paragraph, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer. Harold
RogerB
(Colorado)

Posts:5067


08/10/2006 6:38 AM  
Russ, Colorado passed a statute last year, SB05-100, which included having political signs from 45 days before until 7 days after an election. One sign per issue with restriction on size. They also superceded certain HOA rules related to fly the US flag and service flags.
BradP
(Kansas)

Posts:2640


08/10/2006 7:49 AM  
Russ:

If Georgia doesn't have any laws that pertain to signs, then really it is up to the board as to what they want to do. Our CC&R's restrict signage to just normal for sale signs. However, if there is a big push from the neighborhood I can see it being a good compromise to approve election signs X amount of days before and after, but place limitations on the size, etc. I don't think you want a huge wooden sign stuck in the back of someone's truck.
JulieS
(Georgia)

Posts:412


08/10/2006 8:54 AM  
Russ, I live in Georgia and our assocation allows one 'for sale' sign and one security sign in a yard. I emailed our attorney on this and have not heard back yet. In the meantime, I have also found the following quote (which was issued by the law firm we work with and emailed) This is on an 11 Alive News website and was aired in October 2004:

'Attorney Mindy Waitsman of the firm Weissman, Nowack, Curry and Wilco, P.C., said things are different in Georgia where case law gives homeowners associations the power to say no to political signs.

She pointed to a case decided by the Georgia Court of Appeals three years ago. Although it did not deal directly with campaign signs, she says the message was clear.

"In this case, the courts specifically said, when you move into a community with recorded restrictions, you agree to abide by those restrictions and give up certain rights you might otherwise have,” Waitsman said.'

Also, if you are an HOA that is newly starting, you may want to go to the following website (it is the law firm's site that we use): www.wncwlaw.com. They have a number of publications they have written specifically for HOA's in Georgia. Also, you may want to sign up for the Community Advisor publication they put out three times a year...it is free to HOA retainer clients (along with an annual seminar), or you can order it for a small fee. It is very informative. If you are looking for an attorney to keep on retainer, I highly recommend them.

Hope this helps....
BrianB
(California)

Posts:2820


08/10/2006 12:37 PM  
Note that in Arizona, not all political signs are allowed, despite the statute quoted. Scottsdale ran into problems, where someone exercised his freedom of speech to post a "sign" that rankled certain city politicians. Not all "signs" are the cardboard "re-elect Smith" type things: you may be opening your community up for all types of "political statements" to be made via signage or displays.

Oh, and in Tempe, Arizona, no political sign can be placed in the city right of way, so even on private property, they must be set back a bit.
RussC
(Georgia)

Posts:2


08/10/2006 6:47 PM  
Thanks for your responses to my questions.This was the first time I used this site and appreciated the quality and helpfulness of the responses.
JulieS
(Georgia)

Posts:412


08/23/2006 8:39 AM  
Here is the response from our HOA attorney regarding political signs:

"Any political signs must be approved by the ACC prior to being posted in accordance with your covenants. In election years, some of our community association clients run into the issue of owners, candidates or their lawyers arguing that the First Amendment to the United States Constitution and the Georgia Constitution provide for the constitutional right to erect any sign, including a political sign, in a front yard. They will also often argue that the United States Supreme Court has held that political signs are protected as free speech. However, the law is extremely clear that a private covenant that prohibits signs is fully enforceable. Although the government is greatly restricted in its ability to prohibit political signs, community associations are not the government and thus have the full right to enforce covenants against signs. Please note the case of Bryan v. MBC Partners, L.P., 246. Ga.App. 549, 541 S.E.2d 124 (2001) in which the Georgia Court of Appeals upheld a restrictive covenant against unapproved signs, despite the violating owner’s assertion that he had a freedom of speech right to display the sign. The case is directly on point to this issue. In addition, the United Stated Supreme Court cases that have addressed political signs all deal with governmental attempts to restrict political signs. The first amendment protections to not stretch to purely private functions. This means that the Association can prohibit political signs. Whether or not you do so will be a decision of the Board and the ACC."
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement