First Amendment

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The First Amendment and Community Associations

For the most part, community associations are not bound by the First Amendment, either. CC&Rs and Bylaws often restrict owners’ rights to display signs, even political signs. In a well-known Pennsylvania case a unit owner wanted to place a “for

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Did you sign away your free speech with HOA

QUESTION: I enjoy your column, as I am a retired lawyer living in an HOA community. We are considering whether to write guidelines to address First Amendment freedom-of-speech rights. While in New Jersey, Massachusetts, and maybe a few other states,

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North Ridgeville (OH) man battling with his condo association over Trump sign

A U.S. Army Veteran is now going to battle with his condo association over campaign signs on his property.  “They sited it’s a violation of the sign code in the rules and regulations,” said Frank Kronen.  The Donald Trump signs

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Common Misconceptions of Community Association Management

According to current research, approximately one in every six homes in the United States is part of a homeowner’s association. Some people believe that homeowner’s associations provide the best way to maintain value and safety in the neighborhood, while others

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Can Condo Associations Bar Political Signs in Common Areas?

A tiny political sign triggered a giant-sized dispute in a Colorado condominium, when the association manager said the sign violated an association rule governing common area displays and told the residents to remove it.  Read the article…………

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Homeowners association not feeling the Bern (CO): Incorrect application of signage rule causes stir

The sign in question was a Bernie Sanders sign, which the tenants had kept hanging since the June 20, 2015 Sanders rally at the University of Denver. Its presence only became a problem after All Property Services took over as

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Association limits campaign signs in common areas

Q: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that

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Expressing Opposing Views in a Condominium: Does Your Condominium Have the Right to Silence Free Speech?

Another election year is upon us, and with that comes the realization that neighbors in your condominium may not hold your political and ideological views. With this realization also comes the belief that, regardless of your own political views, those

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Man at center of Lake Linganore (MD) dispute defends his tactics

He was the bane of his Lake Linganore neighborhood, with his outrageous, aggressive and sometimes obscene signs, his assertive personality and refusal to bend — even to the point of provoking the Frederick County sheriff to get involved.    Read

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Court says Hopkins condo critic has the right to be offensive in long feud (MN)

Hennepin County District Court Referee Richard Trachy upholds free speech, even though it may be upsetting to some.  Read the article……….

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Condo threatens $100 a day fine for wreaths (FL)

A condo association in West Palm’s Lands of the President development is threatening resident Donna Sozzio with a fine of $100 a day.  Her “infraction”: placing a wreath on her door.    Read the article…………..

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Four Seasons POA (MO) Firm On ‘For Sale’ Sign Ban, But Will Permit Plaques

Residents of neighborhoods governed by Property Owners Associations typically appreciate the benefits and services the associations provide, such as security and recreational facilities. Homeowners also cite as an asset the higher standards a POA maintains for the neighborhood’s appearance.   These

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Hayden (ID) man vows to fight lawsuit threatened over his planned Christmas display

When Jeremy Morris learned last month that his Hayden homeowners association may file a lawsuit to block his planned Christmas extravaganza, he fired back a one-word response: “Nuts!”  Read the article………….

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Signage Posting Policies

One or two signs here and there isn’t a big deal, but when you have hundreds of residents posting for-sale signs, signs promoting their businesses, signs about religion or politics, etc., it can become a nuisance fast. If you are

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Does Your Homeowners Association Allow Political Yard Signs?

Americans are starting to gear up for the 2016 Presidential Election by showing their support volunteering at campaign locations, watching the latest debates, and posting political signs showing the support for their favorite candidates. This raises the issue of whether

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No Political Sign in Window (FL)

It seemed like a simple thing; putting a small sign for a presidential candidate in her living room. A small thing to her, a violation to her homeowners association. So can they block you from showing your support for Jeb

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Judges (NY) show homeowners association a sign: Back off

A local couple has been successful a second time in court, as a mid-level appeals court ruled last week that Hudson Pointe Homeowners Association has no authority to restrict posting of political signs in front of the couple’s property.  

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Free Speech In Condos And Co-Ops: Round III Goes To The Resident (NJ)

It is not quite Ali-Frazier or even Gatti-Ward, but the New Jersey Supreme Court just delivered its third opinion in the past seven years regarding the free speech rights of residents in common interest communities (condos and co-ops). In Dublirer

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Free Speech and your Community Association: Will the New Jersey Supreme Court’s ruling in Dublirer v 2000 Linwood Avenue Owners, Inc impact campaigning in Michigan Condominium Association elections?

In Dublirer v 2000 Linwood Avenue Owners, Inc the New Jersey Supreme Court considered the issue of whether or not an owner in a cooperative had a right to distribute campaign materials in seeking election to the co-op’s board of

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N.J. Supreme Court: Fort Lee co-op board violated man’s free-speech rights in leafletting case

The New Jersey Supreme Court ruled Wednesday that the free-speech rights of a resident of a high-rise co-op building in Fort Lee were violated when the co-op’s board barred him from distributing leaflets under the doors of his neighbors.   Read

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Free speech has its limits in condominium buildings (IL)

Q:  Our condominium bylaws contain a provision prohibiting noxious or offensive activities that are an annoyance or nuisance to other unit owners or occupants of the property. This provision seems arbitrary to me.   Read more……..

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Federal judge tosses out ACLU suit against Diamondhead (MS) over political signs

The American Civil Liberties Union said although it disagrees with a federal judge who tossed out its suit against the Diamondhead Property Owners Association ban on political signs, it says the system worked.  Chief U.S. District Judge Louis Guirola Jr.

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Ohio candidate faces sign fight in his own yard

Marek Tyszkiewicz always knew he’d face a tough landscape in his bid for Congress, but he didn’t think the hurdles would start in his own front yard in Cincinnati.  That changed Friday, when the candidate for Ohio’s 2nd Congressional District

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I Can’t See the Forest for the Yard Signs

We are fifteen days from the 2014 midterm elections, and candidates are undoubtedly working hard to get those elusive swing voters to the polls. Yard signs are one tool that candidates use to build name recognition and sway votes. A

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Get that Sign Out of Here!

Your neighbor’s front yard sign supporting their favorite political candidate may be upsetting. But that alone is not a reason to spray paint over it, yell obscenities every time you see your neighbor leaving to go to work or for

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Can HOAs prohibit political signs? (NC)

As we enter another election season, let’s tackle a frequently asked question: Can HOAs prohibit the posting of political signs. The answer: It depends.      Read more……

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Homeowner Association Restrictions on Signage

In election years, political debates are not just limited to the candidates. Debates often arise within homeowner associations over restrictions on signage that may limit an owner’s ability to place signs within the community.   Read more………

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Littleton man challenges HOA fining him for flags outside his home

“This is the first flag I got warned on, the Gadsden,” Renner said about the yellow, pre-revolutionary flag reading “Don’t Tread On Me.”  So, he took it down and hung his Colorado flag.   Read more…….

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Save the Lakes seeks HOA approval for yard signs (AZ)

The group fighting to keep the Lakes Golf Course from becoming a blight in their community is being accused of causing a blight themselves with yard signs that violate the community’s covenants, conditions and restrictions.       Read more………

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“Save the Lakes” signs spark controversy (AZ)

The president of Save the Lakes and a new director of the Ahwatukee Board of Management have been sent violation notices from ABM for placing “Save the Lakes” signs in their yards, and an ABM official said that a Phoenix

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Defining Signage in Your Homeowner Association

Every homeowner association relies on signs to point the way and improve behavior. A directory and map sign guides guests, vendors and ambulances to member homes. Entry signs establish a HOA’s identity and theme. No Parking signs warn of towing

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EDITORIAL: Open more doors to campaign visits (IN)

State Rep. Shelli VanDenburgh’s House Bill 1134 would prohibit homeowners associations from barring political candidates who wish to campaign in every neighborhood in their district. This should be an easy one.     Read more…….

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Court Decisions May Make it Harder for Condominium Associations to Restrict Free Speech Rights of Owners

In condominiums as in society generally, laws and legal theories change over time as technologies, economies and stoical structures evolve. The changes are usually slow, often (though not always) welcome, and occasionally jarring. An apparent change in condominium law falls

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