Today I got a letter from my Home Owners Association (HOA) which says:
According to the Covenants, signs are not allowed to be displayed. Please remove the election sign.
So I checked the Covenants and found the following:
No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Architectural Review Committee. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs. “For Sale” and “For Rent” signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot.
It looks like they have the right to erect “reasonable and appropriate” signs. I would like a similar right on reciprocal basis since I would guess that a 16” by 26” sign for a major party Presidential candidate during election season is both appropriate and reasonable. But evidently the management company that runs the HOA disagrees.
I am of a mind to send a letter to the Home Owners Association:
I did not know that the Soviet Union was alive and well here in our subdivision. I had heard of its demise some years ago. Anyway, if I am not allowed to display a political sign for the elections, please grant me permission to fly the Hammer and Sickle on the front of my house.
On a more serious note, does anyone know if there are any local (Fulton county), state (Georgia) or Federal laws which the HOA might be going against here? What is the case law like on this issue here?
I had no idea about Home Owner Associations before we bought a house last year. My first interaction with the HOA was earlier this year when we decided to do some work on part of our backyard. We wanted to install a playset and a small vegetable garden as well as grow flowering plants and grass in a part of the backyard which had nothing. This required approval by the Architectural Review Committee of the HOA and I being a law-abiding fellow submitted the application despite protests by Amber about this being our property and hence we being free to do whatever we wanted.
It took the committee 10 days to approve the project. When I talked to the head of the committee, I voiced my disapproval at the length of time they had taken to do so. He pointed out that the Covenants allowed the committee to take as many as 60 days and that the committee members had lives of their own and were doing this only as part-time volunteers. I replied that that was precisely the point, since their time (and mine) was so precious, so project approval should be almost automatic. If they didn’t see any egregious violation at first glance, they should approve it. I don’t think he got what I was trying to say.
To reiterate, what do you know of Georgia law on political signs and HOA covenants? What do you think I should do and why? Should I simply remove the sign? Should I keep it? In that case, what’ll happen and is it worth fighting for?