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5/30/2021 3:08:36 PM
 
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Section 5: OPA Board Subject: Signs of the Times Msg# 1126577
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Ok so the time limit was taken off the books but they still regulate size and setback provisions of all signs, including political signs. I bring up the county code only because your article made it seem like no one had ANY jurisdiction or authority to regulate political signs and that is NOT entirely true.
It just seems that in any discussion of HOA rules, often, no one mentions that they can be superceded by Federal, then state, then county codes 1st. ANY HOA rule that is in conflict with any of those, as well as their own governing docs, cannot be enforced. That is exactly the reason that the time limit was struck in 2008, conflict with other federal law. There is a hierarchy of authorities that is effective. I am not so certain that everyone understands that? And each in turn can ONLY be enforced if given that authority by some governing body. In other words, the State could simply incorporate federal law and regulations into their code. Why would they? For the purpose of allowing their officials to enforce that code instead of having to call in the federal authority whenever there is some violation. That is the effect of language that states " we adopt (others) code at (citation)." Everyone should notice that the language in many HOA rules are either copied or adaptations of language contained in some other authority's code. That is the origin of many of the requirements in HOA by-laws and guidelines. And that is exactly what an attorney's review should include: check for conflicts with other authorities rules. AND conflicts with your own rules that are higher up in the hierarchy (ie originating governing documents). Getting off the pulpit now. I should know better. These conversations can go on forever. My only purpose is to provide additional info. I am not trying to convince anyone of anything. |
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For reference, the above message is a reply to a message where: I will look forward to the link for Worcester law on how long signs can stay up after an election. Given the number of signs around since the last election, the county is obviously not enforcing. I am not sure why you want to focus on the County in this discussion of public office campaign signs relative to the HOA Act when HOAs typically are much more restrictive than the County when it comes to signs. Not to mention that I am not sure to what extent county can even regulate political signs on private property given the SC ruling that political signs are a form of political speech. See below: SUMMARY The U.S. Supreme Court has ruled that the display of political and other types of signs on residential property is a unique, important, and protected means of communication and towns cannot restrict the display of such signs. The decision has not been overturned. In a 1994 case, the Court upheld lower court rulings declaring an ordinance that bans residential signs an unconstitutional restriction on the freedom of speech (City of Ladue, et al. v. Margaret P. Gilleo, 114 S.Ct. 2038). The Ladue, Missouri ordinance banned all residential signs (with some exceptions) to minimize visual clutter in the town. A resident sued, alleging that the ordinance violated her right to free speech by prohibiting her from displaying a sign stating “For Peace in the Gulf” from her home. The District Court found the ordinance unconstitutional, and the Court of Appeals affirmed. The Supreme Court agreed, finding that the town's interest in regulating signs does not outweigh its residents' right to free speech. The Court's decision holds that signs are an important medium of political, religious, or personal messages for which there are no exact alternatives. Handbills or newspaper advertisements are poor substitutes since a residential sign readily identifies the “speaker.” Yard signs are unusually inexpensive and convenient. They are a particularly effective way to reach one's neighbors. Moreover, the Court recognized the special place that individual liberty in the home holds in our culture and our law. While signs are subject to municipalities'police powers, the Court warned that they affect communication and towns cannot be overbroad in their restrictions on free speech. |
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