Mountain Park

Compliance Corner for May

Political and or advertising signs not authorized or allowed to be posted within Mt. Park HOA:

Some historic perspective may help us all understand this situation. The original documents creating our planned community specifically prohibited signs with the exception of Real Estate signs that had to fit specific criteria. Here is the text from the CC&R’s “No sign or other advertising device of any character shall be erected on any Lot or Building Site or maintained upon any part of the Properties except one sign not larger than 18” by 24” advertising the Lot or Building Site for sale or rent by the Builder of the improvements on such property or the Owner. Signs advertising the property for sale or rent by a real estate broker shall not be permitted.”

We received several complaints from residents that this provision was not being enforced and the Mountain Park Board recently reviewed the topic. Being concerned that a prohibition of political signs was an unconstitutional infringement on the rights of residents, the Board sought a legal opinion. The answer was that it is not. The issue has been litigated several times and the courts have uniformly held that HOA’s may ban political signs.

That leaves the Association with no real choice. We are not free to pick and choose which rules we will follow. If we behave with integrity, we are obliged to enforce the restrictions set forth in our CC&R’s. As members, we can change the CC&R’s if 2/3 of members vote for the change. The current board isn’t anti-sign; we simply have a duty to follow the rules, even if we don’t personally like them.

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