4/16/2024 10:29:09 AM
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Section 5: OPA Board Subject: Another Sign Flap Msg# 1202426
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Neither the Board nor the ARC are in an "awkward" position. Neither the Board nor the ARC wrote the DRs, which are contractually binding on OP property owners, and they say what they say -- all signs prohibited absent ARC pre-approval.
You are correct in saying the original DRs grant the ARC/ECC the authority over signs. However, OPA went to court, and won, over the issue of Guidelines. I submit the ECC/ARC can issue Guidelines, fully in compliance with their authority, that essentially say all signs not specifically addressed in the Guideline will not be considered. Proper wording of such a blanket rejection of all "social" issue signs would remove ARC/ECC from the awkward position of voting individually on every social issue sign owners might bring to them for a permit. Assuming this is not a violation of some law or the DRs, such a guideline would be best for this community and avoid, as much as possible, these constant debates over social issue signs. |
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For reference, the above message is a reply to a message where: Responding to some of your comments/questions: Not specifically addressed - Signs that promote some social issue such as supporting public education, backing police, military, etc., civil or criminal trials related to things like the "Gavin" signs, etc. All signs not specifically addressed are prohibited absent ARC pre-approval. These signs place ARC members, and the Board perhaps, in a rather awkward position of granting or not granting sign permits more or less based on the opinions of individual ARC members about some social issue. Neither the Board nor the ARC are in an "awkward" position. Neither the Board nor the ARC wrote the DRs, which are contractually binding on OP property owners, and they say what they say -- all signs prohibited absent ARC pre-approval. I'm sure the ARC will consider applications in as uniform a manner as possible, consistent with its mission under the governing documents. The Board will only be involved if a sign reg violator ignores CPI notices, and the matter then comes before the Board for enforcement. So, for example, OPA can remove any U.S. presidential election signs, County Commissioner election signs, etc. remaining on lots 7 days after the election Those signs will not be permitted beyond the seven day window. CPI will remove any unauthorized signs that have been erected on common elements. Unauthorized signs on a member's lot will be addressed by CPI through the M-01 enforcement process, and anyone not complying will eventually bear attorneys fees incurred by OPA. |
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