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5/30/2021 3:41:56 PM
 
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Section 5: OPA Board Subject: Signs of the Times Msg# 1126589
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Again, thank you for stating the obvious.
>>>That is exactly the reason that the time limit was struck in 2008, conflict with other federal law.<<< So, you are saying that OPA cannot regulate when signs go up or when they must come down. That would be a contradiction of the Maryland HOA Act and the opinion of OPA attorney Joe Moore. The First Amendment prevents federal, state, and local governments from stifling one's freedom of speech. However, an HOA is not a government entity. Thus, I believe OPA as an HOA is bound by the Maryland HOA Act that prevents HOAs from precluding political signs but allows an HOA to set time frames for political signs but not less than 30 days prior to an election and not less than 7 days after an election Your introduction of county sign code just muddies the water unnecessarily, but I would not be upset if you prove me wrong. |
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For reference, the above message is a reply to a message where: 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 It just seems that in any discussion of HOA rules, often, no one mentions that they can be superceded by Federal, then state, then county codes 1st.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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