Escada Neighborhood Homeowners Association Restricts Right to Free Speech?

[LuciferSam]

Thank you for taking the time to reply, seagrovegirl.



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?

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.

There are other ways to make a statement. Have you considered putting a dog carrier on the roof of your car?

 

[sowalresdes]

There are other ways to make a statement. Have you considered putting a dog carrier on the roof of your car?

I think I may dress a skeleton in a political shirt! Apparently that would be acceptable! C'Mon...give me a break. This is a temporary sign, to be removed post election. Regardless of party affiliation, this should be okay.
Not exactly sure what the heck a dog carrier has to do with the issues being discussed, but whatever floats your boat.

 

[sowalocal]

Not exactly sure what the heck a dog carrier has to do with the issues being discussed, but whatever floats your boat.

Yep, my thoughts exactly. The original intent of the post was to draw attention to something I think is important. If it's not important to you LambdaShrimp, that's cool. But there's no need to drop in on a thought out post, simply to make light of something you apparently see of no value. This election cycle has monumental significance to many, so comparing one's expression of free speech at such an integral time in history to "a dog carrier?"--well, I think you get the idea . . .

 

[seagrovegirl]

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.

I would like to see the covenants and restrictions, can you post them? Most restricions are fairly clear, some out dated and have been superceded by laws changes. Recently, a case in New Jersey went to the Supreme Court that sided with a homeowner relating to political signage and it is still being challenged. Hundreds of thousands of dollars later.

How far do you want to take your challenge with the HOA? Excercise your right to free speach with a car sign and hopefully the the NJ case will prevail.

 

[sowalocal]

I would like to see the covenants and restrictions, can you post them? Most restricions are fairly clear, some out dated and have been superceded by laws changes. Recently, a case in New Jersey went to the Supreme Court that sided with a homeowner relating to political signage and it is still being challenged. Hundreds of thousands of dollars later.

I find your comments interesting in that yesterday you said,

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.

Now you mention,

the Supreme Court that sided with a homeowner relating to political signage and it is still being challenged.

So I ask you, which is it??

I also find it interesting that you want to

see the covenants and restrictions

when I have already posted them for you. Admittedly, I did summarize the covenant restriction but used verbatim that portion of the restriction that the board highlighted as relevant in the piece of paper they slapped on my sign after they removed the sign out of my yard. However, I will say it again, there is NO mention of political signage being restricted. Also, as I mentioned yesterday, if the sign restriction was truly enforced in the neighborhood in the way the HOA is interpreting that language, the only signs allowable would be real estate signage. I think that's ridiculous when we have, for example, garage sale signs changing on a weekly basis.

If you need to SEE the restrictions, you are missing the point entirely. Even if the CC&R's did mention political signage specifically (which they don't), my HOA should be focusing on the things that MATTER in our neighborhood instead of choosing to selectively misinterpret and suppress one's right to free speech on their own property, especially when there is nothing being done by that property owner to detract from the neighborhood. Enough already, there are better things to do in a day. Do I seriously need to justify that for you?

 

[sowalocal]

How far do you want to take your challenge with the HOA?

If they keep it up, that's a question that can best be answered during the next HOA board election cycle.

 

[seagrovegirl]

You are not the first to challenge HOA restrictions, it is a constant battle and I mentioned the current battle that is not settled yet. It seems you choose to be combative, which will probably not help you in a HOA meeting.

I have been on both sides of restriction battles, one side as a property manager and one side as a home owner. You asked for thoughts on your issue and I gave them to you. Now for my last suggestion; write your HOA with your complaint and await a written response and go from there. Also, get on the HOA board, it is very enlightening and will help you to make changes if the other property owners agree with you.

 

[sowalocal]

It seems you choose to be combative, which will probably not help you in a HOA meeting.

I respectfully disagree. Questioning an argument that seems at odds to previous statements may be interpreted by you as combative. However, it can also be said that some see this as a means to enlightening dialogue. I do appreciate your suggestions and will take them under advisement. Again, thank you for your contributions on this matter. At this point, my HOA property management company is leaving the signs alone after property owners rightfully placed them back in our yards. Who knows? Maybe the message was received. Enjoy your day.