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
To: WOSG
Congrats!
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
To: WOSG
"Fight the Power!! "
4 posted on
09/19/2002 7:59:30 PM PDT by
fineright
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
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
To: WOSG
w00t
8 posted on
09/19/2002 8:07:51 PM PDT by
eabinga
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
To: WOSG
Very, very nice.
Bring your complaint, get your ducks in a row, cite precedence, and KICK A$$!
To: WOSG
The problem with CC&R's is that they are NOT zoning related. Rather, they are a contractual agreement between the home owner and the Association. If the covenants ban the signs, it is not a violation of 1A. You agreed to it when you bought the house.
I am an amateur radio operator and many (most) areas of the Phoenix valley have restrictions against antenna towers. Many thousands of $$ 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
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
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
To: WOSG
Nicely Done !
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
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.
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