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SIGNS II: Freeper fights back at neighborhood meeting.
self | Sept 19, 2002 | WOSG

Posted on 09/19/2002 7:53:49 PM PDT by WOSG

this is the letter I wrote in response to neighborhood nannies taking a political sign off my property and citing it as a violation of a covenant

I was informed by your letter that claimed we violated a prohibition on yard signs, just days after our yard sign mysteriously disappeared.

See Original article for my first reaction

Thankfully, we live in a free country still, and the prohibition that is claimed in 8.0216 of the Travis Country covenants is in clear violation of our First Amendment free speech rights. If this is not obvious enough to you or the Travis Country CSA Board, I have taken the liberty of enclosing a Supreme Court decision - City of Ladue v. Gilleo - that unanimously struck down such ordinance limits and held they violate resident's right to free speech.

I am frankly shocked this invalid restriction is being taken seriously, especially when every political season many dozens of signs appear on front yards in our neighborhood (including on the properties of current and former Travis Country Board members over the 11 years I've lived in the neighborhood). What is next? Going after the 'Travis Country Sharks' swimming team yard signs too that are commonplace?

I don't feel it should be necessary to belabor these obvious points at a Board hearing but I do hereby request a board hearing as soon as possible if that is necessary. But a simple alternative solution would avoid this trouble: Please reverse this so-called 'violation' and return the 'Ben Bentzin' sign that was stolen from my property so that it may be returned to its rightful place in our front yard.

I appreciate your attention and care given to our neighborhood.


TOPICS: Activism/Chapters; Constitution/Conservatism; Culture/Society; Extended News; Politics/Elections; US: Texas
KEYWORDS: associations; freespeech; neighborhood; propertyrights; signs
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After I sent the above letter, the neighborhood association manager called my wife. She gave him an earful about violating our property rights and taking our signs. He told here if I wanted to contest it, show up at the local neighborhood association board meeting.

Which I did.

After sitting other business, they turned the meeting over to 'homeowner comment'. I said I was here to protest my sign getting taken, so I got to speak first.

I told them my signs was taken from my yard without my consent and at the same time I got a letter I told them I lived in this neighborhood for 11 years, and it was always a friendly neighborhood. I never had trouble before with signs. I also reiterated that I felt these covenants were not valid, not enforceable, and caused harm to the neighborhood. I also mentioned that even as I spoke, there were 'travis country sharks' signs on people's property. And I mentioned that the Supreme Court has struck down municipal rules.

It struck me that this board was acting like a little village board. they issue citations, clean up streets, enforce rules, raise money (our homeowners assessments). and of course elect a board to run things.

Then after I spoke there were others commenting. I got some support from some board members, basically agreeing that this was never enforced before in election periods. others agreed that we couldnt ban some signs while allowing others. They said they'd take it up in the next monthly meeting--- in the meantime I GET MY SIGN BACK!!!!

1 posted on 09/19/2002 7:53:49 PM PDT by WOSG
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To: WOSG
Congrats!
2 posted on 09/19/2002 7:57:47 PM PDT by farmfriend
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To: WOSG
Good for you for doing this the RIGHT AND PROPER WAY.

Too many FReepers would have told you to get a gun and shoot the neighborhood association, striking a "blow for freedom."

You did good.

3 posted on 09/19/2002 7:58:46 PM PDT by Illbay
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To: WOSG
"Fight the Power!! "
4 posted on 09/19/2002 7:59:30 PM PDT by fineright
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To: WOSG
WTG WOSG! Let us know what happens at the next meeting.
5 posted on 09/19/2002 8:01:17 PM PDT by brat
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To: WOSG
2 Horns UP...(just don't park your car on your yard)..L~
6 posted on 09/19/2002 8:01:29 PM PDT by Bad~Rodeo
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To: farmfriend; WOSG
I think they have to allow political signs 60 days and less before an election. Have them move to amend the covenants to allow this.

If they won't do it, take em to court. But you got to be prepared to fight.

neighborhood associations are the bane of suburban living. I could tell you stories,having belonged to one at one time...

7 posted on 09/19/2002 8:02:26 PM PDT by sauropod
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To: WOSG
w00t
8 posted on 09/19/2002 8:07:51 PM PDT by eabinga
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To: WOSG
Way To Go Freeper WOSG!

One lone Freeper armed with truth seeds the lawn for grass roots conservativism.

You are a fine example for all Freepers.

Thank You
9 posted on 09/19/2002 8:08:39 PM PDT by Fearless Flyers
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To: WOSG
Very, very nice.
Bring your complaint, get your ducks in a row, cite precedence, and KICK A$$!
10 posted on 09/19/2002 8:11:03 PM PDT by Just another Joe
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To: WOSG
The problem with CC&R's is that they are NOT zoning related. Rather, they are a contractual agreement between the home owner and the Association. If the covenants ban the signs, it is not a violation of 1A. You agreed to it when you bought the house.

I am an amateur radio operator and many (most) areas of the Phoenix valley have restrictions against antenna towers. Many thousands of $$ have been spent litigating against such since hams are federally licensed, to no avail.

In addition, we have a federal law stating that zoning laws must reasonably accomodate towers. But CC&R's win every time, so far.

I would love to see home owners associations go the way of the buggy whip, but, alas, I doubt I will see that happen.

I have never lived in an area with such restrictions and never will. I have been a ham for almost 50 years and place my hobby above living in an area where people think all houses must be the same color, can't have grass in excess of 1.5 inches and garage doors MUST be closed.

11 posted on 09/19/2002 8:14:19 PM PDT by lawdude
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To: sauropod
How do you amend anyone's covenant but your own?
12 posted on 09/19/2002 8:17:11 PM PDT by Abcdefg
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To: WOSG
I live in south Austin also and have a few good GOP friends who live in Travis Country. I spoke with a friends wife not too long ago about the "Deed Restriction Nazi's" in some neighborhoods and she said that most of the Nazi's were little guys with serious Napoleanic Complexes and that most of their actions were over-reactions.

It seems that the admonition that 'power corrupts' is true as it ever was.

The one good thing about neighborhood covenants is that you do agree - for better or worse - to abide by them voluntarily when you move in, and they do have a tendency to cut down on old junkers in the driveway, unkept lawns etc.

13 posted on 09/19/2002 8:30:42 PM PDT by keithtoo
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To: sauropod
I've been following the ones in El Dorado County and my aunt and uncle had a neighbor that had to take down a light post because it had 3 lights instead of one. It was gorgeous to.

I remember an episode of "This Old House" where they did a house in a historic neighborhood in New England. They did research to find the original house color and the "association" almost didn't let them paint it that color because people expect historic New England homes to be white. The original color was a beautiful shade of yellow with dark green trim. Lovely.

14 posted on 09/19/2002 8:36:12 PM PDT by farmfriend
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To: WOSG
I'd still like to know if they can require you to join the homeowners assn when you buy a house. I don't see how they could, but I've known for a long time that the law is an ass.
15 posted on 09/19/2002 9:14:25 PM PDT by zeugma
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To: WOSG
Nicely Done !
16 posted on 09/19/2002 9:15:47 PM PDT by stylin19a
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To: lawdude
You are correct in distinguishing between "government" restriction of free speech and "private" property, contractual agreements restricting speech.

The Bill of Rights do not pertain to and are not applicable on private property.

17 posted on 09/19/2002 9:27:39 PM PDT by tahiti
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To: keithtoo; Gracey
I live in south Austin also and have a few good GOP friends who live in Travis Country. I spoke with a friends wife not too long ago about the "Deed Restriction Nazi's" in some neighborhoods and she said that most of the Nazi's were little guys with serious Napoleanic Complexes and that most of their actions were over-reactions.

Hey, small world ... if you are ever doing anything "republican" or "freeper" look me up. :-) btw, "Gracey" is a local organizer of the HoT freeper club, I'm on the email list. (cc'ing her for the ping.)

thanks to all for feedback.

yes, the boards seeem to have some wannabe city council members, and some of them seem to be the Liberal/nanny types just loving to tell us whats best for our nieghborhood. you know, nothing that would detract from the 'perfect' neighborhood look in our yards.

I was pleased that most comments were sympathetic, only one guy seemed be of the complex variety and seemed to think it was fine to yank signs of people's yards without asking!!!

It aint over yet. I have to go back next month and make sure they CHANGE THE POLICY. Sadly, they probably wont remove the covenant and fix it permanently, that would be too hard, they'll just make an exception i expect, like others have suggested, it'll be something like 60 days before an election let them stay up. which means in another 10 years, if a new board membership starts reading the fine print.

18 posted on 09/19/2002 9:30:52 PM PDT by WOSG
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To: WOSG
Congrats...but the problem seems to be your own doing...did you or did you not agree to the covenants when you bought the house?

They should not have removed the sign. That said...If you did agree, to break a provision and then snivel about it being enforced, is...well, what a liberal would do.

19 posted on 09/19/2002 10:58:34 PM PDT by Drango
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To: WOSG
I had a similar problem with my neighborhood boards and silly covenant violations over a boat in the driveway. I recieved a letter from their lawyer threatening legal action if I did not comply with them. I went out the next day and bought a '72 Harley-Davidson and cranked it up every day at 5am and drove it to work and back. On the weekends I would make sure to take it for short spins around the block at anywhere from 2am to 4am. The neighborhood association president called me two weeks later notifying me that all legal actions against me were over and that I could keep the boat on my property as I wished. Next time buy a Harley...they're much cheaper than lawyers.
20 posted on 09/20/2002 4:38:04 AM PDT by SandfleaCSC
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