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THE WAR OVER CAMPAIGN SIGNS IN THE FRONT YARD
By
Jan Bergemann
Published
November 7, 2014
As soon as election time comes close
we see some media reports about wars between community
associations and owners who have been posting campaign signs in
their front yards. It’s a “game” that repeats itself every two
years.
Yes, many communities disallow any
kind of signs being posted in the front yard. And no matter what
arguments the owners are coming up with – even Freedom of Speech
– they are normally losing in litigation because courts often
rule that deed-restrictions overrule the US Constitution.
So, if you want to avoid a possible
losing battle, you have to beat the association with its own
weapons -- and the Florida statutes.
If you live in a homeowners’
association regulated by FS 720, the association has to jump
through the hoops of FS 720.305(2)(b): A fine or suspension
may not be imposed without at least 14 days’ notice to the
person sought to be fined or suspended and an opportunity for a
hearing before a committee of at least three members appointed
by the board who are not officers, directors, or employees of
the association, or the spouse, parent, child, brother, or
sister of an officer, director, or employee.
With other words, if you post the
campaign sign about four weeks before Election Day, it will
normally take the association about that long to arrange the
hearing of the grievance committee.
On the evening of Election Day you
remove the signs from your front yard and march into the meeting
announcing that you realized that you shouldn’t have posted the
signs in the first place and therefore removed the signs for
good!
In short: You posted the signs you
wanted to post without risking a fine. Even nasty letters from
association attorneys – some boards have nothing better to do
than calling their attorney because they don’t know the
requirements of the statutes -- are moot!
Some deed-restrictions are outright
useless – like the no-sign rule. Campaign signs are an important
part of our political scene – and yes: These signs should be
covered by the Constitution: FREEDOM OF SPEECH!
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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