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View Full Version : Nd Advice plz. S.Cal HOA forcing me to remove Ron Paul Placard or be fined.




Smyles
05-05-2008, 04:58 PM
First, I apologize if I've posted in the wrong forum.

I live in Lake Forest CA. in a condo that I'm buying. I recieved a "Courtesy Letter" from our Property Management Company telling me I must remove my one and only Ron Paul placard from my patio. My patio faces a public street so the sign can be seen as people drive by. I must respond in writing that I have complied with the demand or I will have to attend a "Special Hearing" and I may be subjest to a fine. The Property Management Compnay I'm sure, is just following orders from our Board Of Directors.

Does anyone have any experience with this or any advice as to whether it's legal to make me remove my placard. Gee, and I thought I lived in America.

I don't want to give in to this demand, but I don't know if i have any recourse.

Thanks to all Ron Paul supporters for your efforts. I'm considering buying 100 of Ron Pauls books and delivering them to 100 or the condos in our HOA, but I'm afraid the majority of them would end up in the trash unread. Such is the state of Southern California and unfortunatly, much of America.

Myles Wilson

devil21
05-05-2008, 05:02 PM
Get a copy of the bylaws of the community. It will indicate whether you can or can't have signs up. Usually they prohibit all signs except For Sale/Rent signs. There's been some upheaval lately about whether local gov't ordinances can force people to take down signs on their property (they can't) but Im not sure how the HOA is affected by it. Tough call but you usually can't win against an HOA...

DealzOnWheelz
05-05-2008, 05:05 PM
If you live in a development which it sounds like then you will need to look into the original contract you signed and see what it indicates under "signage" or something alng those lines. Many communities and develoments have rules within the community; However I am not sure How they can institute a law on a local level that supercedes the Constitution so it may even be something you could fight

james1906
05-05-2008, 05:07 PM
I would ask them how a 1st Amendment restriction would hold up in court. Remember, an HOA is only as powerful as to what its members give it.

A Ron Paul Rebel
05-05-2008, 05:12 PM
put "not for sale" in the bottom corner with
a black magic marker.

FreeTraveler
05-05-2008, 05:14 PM
Call the ACLU local chapter and see if they're willing to go to bat with you. Appearing at the hearing with an ACLU lawyer would probably be all it took to shut them down.

homah
05-05-2008, 05:14 PM
Read the community's bylaws. By my understanding, this isn't a 1st amendment issue if you agreed to not display political signs when joining the HOA.

jonahtrainer
05-05-2008, 05:21 PM
I would ask them how a 1st Amendment restriction would hold up in court. Remember, an HOA is only as powerful as to what its members give it.

Probably just fine as the 1st amendment only applies to State Action. A HOA is not a state actor nor do they behave on behalf of a state actor. Therefore, the 1st Amendment does not apply.

Check the CCRs, have them cite the specific part for the violation (which should be in the letter they sent you) and if required then take down your sign. When I was on the board of my HOA I made sure we followed due process and civil procedure but we did enforce the rules. When needed we changed the rules by the proper procedure. As a result everyone seemed much happier with the community.

dannno
05-05-2008, 05:32 PM
put "not for sale" in the bottom corner with
a black magic marker.

hahahahahah

speciallyblend
05-05-2008, 05:41 PM
reality is don't buy the condo, cancel the sell. When you have a hoa, you actually agree to there terms,but hey i could be wrong

Broadlighter
05-05-2008, 06:04 PM
Donald Bren must have driven past your condo. That guy doesn't even like seeing people walking down the sidewalk.

Soccrmastr
05-05-2008, 06:11 PM
Theres been a few many posts about this stuff happening on developments on these forums through out the year. Soem searching and you might find them. What I think mos tpeople concluded was that they ahd to take it down. Good luck though!

phoenixrising
05-05-2008, 06:43 PM
First, I apologize if I've posted in the wrong forum.

I live in Lake Forest CA. in a condo that I'm buying. I recieved a "Courtesy Letter" from our Property Management Company telling me I must remove my one and only Ron Paul placard from my patio. My patio faces a public street so the sign can be seen as people drive by. I must respond in writing that I have complied with the demand or I will have to attend a "Special Hearing" and I may be subjest to a fine. The Property Management Compnay I'm sure, is just following orders from our Board Of Directors.

Does anyone have any experience with this or any advice as to whether it's legal to make me remove my placard. Gee, and I thought I lived in America.

I don't want to give in to this demand, but I don't know if i have any recourse.

Thanks to all Ron Paul supporters for your efforts. I'm considering buying 100 of Ron Pauls books and delivering them to 100 or the condos in our HOA, but I'm afraid the majority of them would end up in the trash unread. Such is the state of Southern California and unfortunatly, much of America.

Myles Wilson

the issue is the sign is on your patio. this is considered "common grounds" hence the assoc owns it-- you do not.

if u put the sign inside your door facing out--i don't think they can do anything--unless your assoc rules specifically state "no signage"

UtahApocalypse
05-05-2008, 06:48 PM
Hate to burst yours, and others "first amendment" bubbles but when you sign a HOA contract you also sign away your home owners rights.

Smyles
05-05-2008, 07:37 PM
Thanks all for your responses.

After review of the CC&R's the Board can do what ever they want, meaning allow some signs and not others. In their defense, they are probably being consistant, as I've driven the complex and it is very sterile. Not one political sign what so ever. I've had the sign up for months so at least it lasted that long.

I've decided there are many ways to spread the word of Liberty. They can't tell me what to put in the windows of my car. They can't stop me from talking to other residents or leaving the Ron Pual material I've purchased at each door. I'll only do it once, as I'm trying to spread the word, not shove it down everyone's throat.

I've also purchased 7 copies each of Mr. Pauls Manifesto hardcover and audio cd to pass around. I intend to buy more. I think purcahsing as many books as you can afford to give to others is much more important than a single sign.

Let's keep working on the prize of Liberty and the rebirth of our Constitution!

Smyles

kindled1
05-05-2008, 07:54 PM
I ran into that same problem at one time. The best advise I could give is get to know your neighbors and people on the board. I've managed to keep a Ron Paul sign up on my front door for months now with no complaints or anything. Why? Because I'm friendly helpful and approachable.

The night before our primary I put a huge sign in the front window of my house and I parked my car out where everyone could see it on their way to work. I had everything Ron Paul all over it. I brought it all inside before 11am and no one said a word :)

Good luck in making friends with your neighbors and teaching them by example!

Ron LOL
05-05-2008, 08:10 PM
Yet another reason I hate HOAs. There's always some crotchety retired woman (and it's always a woman) still rockin' the beehive who has absolutely nothing better to do than run around all day and cite people for totally mundane shit.

Ninja Homer
05-05-2008, 08:55 PM
Hate to burst yours, and others "first amendment" bubbles but when you sign a HOA contract you also sign away your home owners rights.

That's exactly it... you can waive your rights by contract. Fighting an HOA is usually a losing battle, so you'd be better off spending your time supporting RP in other ways.