Escada Neighborhood Homeowners Association Restricts Right to Free Speech?

[sowalocal]

I was in my home today while minding my own business when I noticed someone walking away from my front door. To my amazement, a person who represents the Escada Neighborhood Homeowners Association Board had removed a political sign from my front yard. They had taken my sign out of the yard and placed it on my porch with a taped on copy of a highlighted covenant restriction. The covenant stated, "No signs shall be displayed on the property except signs identifying the property name and address as specified by the developer." It goes on to state, "two foot by three foot real estate signs may be posted for purpose of sale of homes."

My HOA is interpreting the covenant noted above to mean that the HOA can restrict the display of political signs and enforce the removal of political signs from a property owner's yard in Escada. I find it ironic that my HOA apparently places a high value on enforcing this covenant restriction while not enforcing things like fines when cars park in a property owner's yard, etc. One thing I am CERTAIN of is that the HOA dues from our neighborhood could be more wisely invested than empowering board members to physically remove and restrict the right of property owners to tastefully express their right of free speech. Regardless of one's political orientation, I think this is not only an issue of concern for my neighborhood but should also be alarming to other members of the Santa Rosa Beach community.

My basic question to the forum is, in the state of Florida, can an HOA legally enforce the restriction of and removal of political signs on my private property?

I would greatly appreciate any constructive feedback.

 

[seagrovegirl]

That battle has been taken to the Supreme Court and lost. Put the sign on your car or maybe in your window inside your house, unless there is a covenant against that. You bought into a restricted community and board members are volunteers so I doubt someone was paid to remove your sign.

 

[sowalocal]

Thank you for taking the time to reply, seagrovegirl.

That battle has been taken to the Supreme Court and lost.

Can you please cite the case law reference regarding this specific matter? I never thought I would have to argue whether it was legal for me to display a political sign in my yard. If the Supreme Court has decided that one cannot display political signage as a means of free speech as restricted by an HOA, I would genuinely like to know when this "battle" was decided.

Under the interpretation of this covenant restriction, things like the property management sign, garage sale signs, halloween signs (like mock graveyard marker signs) in the neighborhood should also be removed. I find that notion ridiculous and it is also why it irks me that my HOA is targeting the removal of political signs. Why would they do that?

You bought into a restricted community and board members are volunteers so I doubt someone was paid to remove your sign.

The action of sign removal was carried out by Sea Breeze Association Management of Seagrove Beach and unfortunately, a portion of my dues ARE paid to them directly for property management services.

This is the bottom line, for people like my next door neighbor whose husband is serving in the U.S. Military in Afghanistan as we speak and whose sign was also removed, we should have the ability to put a political sign in our yard without fear of our HOA restricting our right of free speech.

 

[seagrovegirl]

I would suggest you ask your association what legal standing they have. It's a good start to see which way you should head.

 

[tsutcli]

We received a similar notice through our HOA but they took no immediate action to remove the signs. Our C&R's do specifically mention political signs as an example of what is not allowed, among others. A careful reading of these documents before buying is the owners responsibility and are there to maintain a consistent "look" to the neighborhood.

 

[sowalocal]

A careful reading of these documents before buying is the owners responsibility and are there to maintain a consistent "look" to the neighborhood.

Totally agree that a pleasant appearance of the homes in this area is of great value to the neighborhood. That's precisely why I wonder why my HOA seems so interested in pulling political signs and not addressing more pressing concerns like cars parked on a homeowner's lawn routinely, the mailbox that has been lying in the street for the last week (literally), etc., etc. Also, a careful reading of the documents you note HAS been completed and there is no mention of political signage. Irregardless, this issue should not be enough of a priority to the HOA that they send a property management representative to my home and those of several of my neighbors and remove perfectly appropriate and reasonable signs that do not detract from the neighborhood. I think it is very easy to minimize this issue . . . until it happens in your neighborhood.

 

[Jdarg]

I have a bigger problem with political signs at businesses. It is a huge turnoff. I suppose it is their private property, but they also must not care that people with opposing political views might not really want to know the person selling them a widget supports XYZ candidate.

 

[sowalresdes]

Did you receive an "official notice" form the Association manager? OR did the person just show up and tresspass in removing the sign?
Is this the same Escada that the Association manager places a "sign" out in the roundabout every month announcing a board meeting? Guess that rule does not apply to the "Board".
Is this the same Escada, that people park in the streets and in the grass on a nightly basis? HMMM!

If you examine the "documents", you will also note that "All driveway surfaces will be concrete...." See where that one landed right!? I bought from the developer in Escada, and as long as I have lived here, never missed or was even late on association dues. The board has always picked and chose what rules to enforce, no matter who the Board members have been.

An HOA has an obligation, if spending the money to enforce the rules, to enforce all of them....even upon themselves.

I venture this sign enforcement is the product of someone with nothing better to do than complain. I also venture that the Association manager is just doing what Escada is paying him to do. These are not easy issues to deal with, as the squeaky wheel always gets the oil.

I am awaiting my "official notice" to remove my sign!

 

[Zebraspots]

If they do not consistently enforce the rule, you have a case.

If they consistently enforce, it is something you agreed to by buying in an area with a HOA and you have no recourse.

 

[sowalocal]

If they do not consistently enforce the rule, you have a case.

If they consistently enforce, it is something you agreed to by buying in an area with a HOA and you have no recourse.

As noted earlier in other posts, the HOA is certainly not consistently enforcing "rule(s)." While there are plenty of great examples where the HOA could put our dues to good use and be more productive, trespassing and removing very targeted yard signs is not one of them.

There HAS to be a better way to spend one's time than to complain about or take actions to restrict one's simple right to reasonably express their political opinion on their own property.