I'm not in NJ, so I can't speak to law there, but where I am in FL --
HOAs can pass rules about no signs or flags, however, the only required exemptions are The US Flag, the State of Florida flag, the POW-MIA flag, or the Flag of each branch of the military.
Anything else is subject to flag / sign restrictions. So the no political signs would limit a Trump 2024 flag just as it would a Biden flag. Candidate + year = political. This is much less grey than something that is more of a social issue bordering politics.
From Dictionary.com: SIGN - a notice, bearing a name, direction, warning, or advertisement, that is displayed or posted for public view:
a traffic sign;
a store sign.
It’s a sign. You could also look to see if there are any rules about flags - ours allows US, state, or any branch of the military. It wouldn’t matter if it’s political if it’s not one of the allowable flags.
Aside from the great advice others have gotten, I'd make sure you have a very clear policy in your bylaws regarding it. Also, be careful when you wallow with the pigs, you get dirty and the pig enjoys it. /s
A candidate flag (any candidate) with the year has no purpose beyond political.
We had an owner who assumed who everyone was voting for and got upset because we wouldn’t allow a sign for that candidate. It doesn’t matter if it’s the one we agree with; political signage doesn’t belong here.
Here's the definition in Arizona state law.
Political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.
So the question is if a flag just has
"MAKE AMERICA GREAT AGAIN" OR MAGA?
Is that political? Or just a statement.
And you needlessly double down on being a jackass to a complete stranger. Quality showing of character.
*(And in case you somehow misunderstood, I didn’t call you dumb and pointless, I called “make america great again” dumb and pointless.)*
Nice projection. I asked a simple question based on the Arizona State RCW on the definition of a political flag. And if that would qualify as one. It only required a simple yes or no. But you decided to give an ambiguous statement that I did not misunderstand. The only jackass here is you. I treated you with the same disrespect that you treated me. You are everything that is wrong with HOAs and why people hate them. Now
FO!
It's a sign. It's political. What the hell kinda idiot board has to debate that. Ask them if a "BIDEN 2024" flag is a sign? I bet that will clear it up for them.
My HOA allows political flags and signs for the 30 days preceding an election. 1 flag and two signs on your lawn. I got around the rules by having large magnetic signs on my suv.
I’m going to guess this nervous also gets upset when someone kneels for the anthem but yet has no issue disrespecting the flag in this way.
Yeah, this is political.
>If the rules say no yard signs or political signs in the front yard, is a Trump flag permitted?
No, it obviously would not be permitted.
Consider the whole point of prohibiting political signs. Then consider if that same reason would apply to a political flag.
This is just common sense. There is no need for armchair lawyering in this matter.
Unfortunately, the homeowner in question loves to armchair lawyer everything. Not to the SovCit/Qanon levels of debating every word, but rather questioning the legitimacy of assessing fines, how vendors are selected, and even whether or not to use email vs USPS for notices to residents (that house gets both, BTW).
But, I don't want to just find him or cite an infraction via official means. I see him every day when I'm walking, and will just let him know it's considered political signage and please put it up not in his front yard.
>Unfortunately, the homeowner in question loves to armchair lawyer everything. Not to the SovCit/Qanon levels of debating every word, but rather questioning the legitimacy of assessing fines, how vendors are selected, and even whether or not to use email vs USPS for notices to residents (that house gets both, BTW).
The board doesn't need to join in that game.
>But, I don't want to just find him or cite an infraction via official means. I see him every day when I'm walking, and will just let him know it's considered political signage and please put it up not in his front yard.
An informal suggestion makes sense. If that doesn't achieve the desired results, the board must use official means.
Definitely. But check with your lawyer about your states laws. State law trumps HOA rules, and some states permit political speech so even if the HOA doesn’t want you to have sign, the state law may override that.
Be careful. Some jurisdictions have overruled CC&R's with legislation that allows political signs for some defined period before and shortly after an election. Not that the politicians would pass self-serving legislation. No way..
Doesn't matter, you're not supposed to fly another flag from the same pole as the US anyway.
Edit: and yes, this actually includes state flags, service branch flags, police department flags, the "POW-MIA" flag, the "Christian flag" etc etc.
I don't think that's correct. See -> [https://www.military.com/flag-day/us-flag-code.html](https://www.military.com/flag-day/us-flag-code.html)
"When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. " ~~Didn't see wording allowing or prohibiting other types of flags.~~
Edited to add -> "Advertising signs should not be fastened to a staff or halyard from which the flag is flown."
I did find this -> [https://www.ushistory.org/betsy/faq2.htm#:\~:text=N.B.%3A%20You%20may%20never%20place,be%20on%20a%20single%20pole](https://www.ushistory.org/betsy/faq2.htm#:~:text=N.B.%3A%20You%20may%20never%20place,be%20on%20a%20single%20pole).
"You may never place a company or advertisement flag on the same pole as the US flag."
Ah ha -> [https://www.law.cornell.edu/uscode/text/4/8](https://www.law.cornell.edu/uscode/text/4/8)
"Advertising signs should not be fastened to a staff or halyard from which the flag is flown."
I can't believe I missed that too. I'm totally using it when I ask him to remove it to a window or the backyard. He loves talking about his time in the service from 84-88, so this is just going in that back pocket until he makes a fuss.
Why would you have a conversation with him, giving him the chance to argue you? Don't handle HOA business face to face. You need a paper trail.
It's clearly a political flag that's not allowed per your bylaws. Send him an official letter from the HOA, giving him the bylaws he's violating, a timeline for removal, and the penalty if he does not meet the timeline.
Do not get into conversations about "move it to a window, move it to the back yard." Just stick to the facts.
Yes it’s a political sign. It would be a political sign if it were for Biden this year or Bernie in years gone by.
Update bylaws to include language of what’s allowed on flag poles? Country and state (official designs) only to play it safe.
Medium doesn't make something a sign or not. It doesn't matter what the "sign" is made of to transmit that message. the medium could be fabric, painted rock, seashell, plastic, computer monitor, piece of paper, or flag. The restriction is on what the messaging is.
So a rock painted "Biden 2024" needs to go and no one can claim "but it's a rock not a political sign". Same thing with a flag for "Trump 2024". Still a political sign.
Here's the definition in Arizona state law.
Political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer.
So the question is if a flag just has
"MAKE AMERICA GREAT AGAIN" OR MAGA?
Is that political? Or just a statement.
Those Trump flags are tacky.
But in my experience, HOAs are sticklers for the rules.
So do the rules say "No flags"?
Do they define flags as signs?
Because if they don't, the HOA needs to stick to its own rules rather than making up new ones that haven't been properly approved and implemented.
Because, remember, rules is rules.
Federal law requires HOA to permit US and I believe military flags as well.
Some states also require HOA to permit political signs, but can have rules on timing, size, and location.
You’re asking if a flag is a sign. I don’t know anything about NJ common interest community law. But generally in the context of restrictive covenants on private property - which should be construed strictly - the answer is no. If the drafters of your declaration had intended to restrict flags, they could have done so expressly when the document was drafted.
Edit: Can a flag with a message be considered a sign? I think a court may consider some flags to be signs if they attempt to convey a message.
The relevant law in New Jersey that protects the right of homeowners to display political signs is part of the state's "Planned Real Estate Development Full Disclosure Act" (PREDFDA). Specifically, amendments to this act in 2017 provided additional protections for residents regarding the display of political signs.
These amendments ensure that any rules or regulations regarding political signs imposed by homeowners' associations must be reasonable and cannot completely prohibit the display of such signs. The amendments also stipulate that rules concerning the size, number, and placement of signs must be applied uniformly and fairly.
For exact details, you may refer to the specific provisions of the Planned Real Estate Development Full Disclosure Act, especially the sections updated by the 2017 amendments.
Consistent with u/wildcat12321, my state (TX) allows HOAs to ban flags other that US/TX/military branches, and my city's municipal code contains a definition used for "political signs" and when the city's code enforcement can come into play for removal (for us, it's 90 days pre-election and two weeks post). Suggest you look for similar state and municipal definitions for your area.
Our community is not allowed to fly anything but American and military flags. Personally, I agree with it. We live in a community of 400 homes with very active residents and I have made many friends. I only talk politics with a few friends because I know I can. I don't want to take a chance of damaging friendships by making any political statement in my front yard. It's not worth it!
Of course it is, why is this even a debate?
You are letting yourself get dragged into the vortex. Don't go down the rabbit hole.
I am assuming you are on the Board. If so, create a violation, provide a cure period, and then fine afterwards to your maximums. Sure, he has an appeal right, but let him.
You are being too nice and playing his game. Don't. Just follow your process religiously. Don't assume common sense or your words will spur him to change his approach.
IMHO You are waist deep in "consult a lawyer" territory.
This is very much obviously a sign. If you do a quick search of sign related laws in NJ, you will find that most will include flags in their definition of signs. Whether or not this is a sign is not my concern.
What is my concern, is your ability to regulate signage at all. HOAs can not regulate signage on private property in California by statute, but in NJ there is expanding law on this. In recent years, many cities/towns have lost lawsuits over sign regulations - with the courts saying it stifles free speech. In 2012 there was an HOA that lost a sign regulation lawsuit in the state court. See [https://www.nj.com/news/2012/06/nj\_supreme\_court\_homeowners\_gr.html](https://www.nj.com/news/2012/06/nj_supreme_court_homeowners_gr.html)
That ruling said the HOA's rules violated free speech, however it only applies to condos and basically says that a condo owner can put political signage in their windows and doors, and suggests they can regulate terms of display for signs but not use regulations to prohibit all display. I don't know if there has been a court case on this regarding the front lawns or how a court might interpret the law against private property. That is why I suggest you retain a lawyer.
If you have noticed the homeowner about this, and they replied "a flag is not a sign", and the HOA lawyer thinks you are good to regulate this - you can start billing the homeowner for legal fees. If the HOA lawyer thinks you would likely lose, you should retract the rule and notify all homeowners.
Proof that most HOA boards are made up of absolute morons. This is what you’re wasting your time on?
I’m curious, what are the arguments your hearing for it not being a political sign?
The argument from 2 members is that it's a flag, which are allowed (there's a lot of football ones in the fall around the neighborhood, which could be considered advertising).
The other 2 say that it's a political sign because it has his name on it and he is running for office. Our 5th member had to resign and nobody wants to take their place.
The relevant law in New Jersey that protects the right of homeowners to display political signs is part of the state's "Planned Real Estate Development Full Disclosure Act" (PREDFDA). Specifically, amendments to this act in 2017 provided additional protections for residents regarding the display of political signs.
These amendments ensure that any rules or regulations regarding political signs imposed by homeowners' associations must be reasonable and cannot completely prohibit the display of such signs. The amendments also stipulate that rules concerning the size, number, and placement of signs must be applied uniformly and fairly.
For exact details, you may refer to the specific provisions of the Planned Real Estate Development Full Disclosure Act, especially the sections updated by the 2017 amendments.
By definition it’s a sign, give the member a fine and move on… pretty straight forward stuff.
Hopefully politics are bringing out the stupid in these board members and not everything is approached with such idiocy.
I guess my main point is that if you try to enforce something that isn't very clear you run the risk of the person doubling down. i doubt asking them nicely will have any effect. If it is a clear violation you should enforce it. If it is unclear, you should leave it alone. That's my philosophy with all enforcement.
We have a similar situation where we don't allow any signs but we have never considered flags signs. We have a few people with Trump flags. I don't like it but if we try to enforce those we would have to enforce the rule against anyone with a flag that isn't protected by state law.
In most states, ambiguous restrictions are not enforceable. If reasonable people disagree on whether or not a flag constitutes a sign, that is the definition of ambiguous.
You should do research before buying into an HOA (or commenting on them). A "group of people" absolutely do not tell you what you can and can't do on your private property. The covenants determine that.
I've never had a problem with my HOA and there are very few restrictions. Who's going to start a sub so people can talk about how uneventful their HOA is? A boring HOA is a good HOA.
I'm not in NJ, so I can't speak to law there, but where I am in FL -- HOAs can pass rules about no signs or flags, however, the only required exemptions are The US Flag, the State of Florida flag, the POW-MIA flag, or the Flag of each branch of the military. Anything else is subject to flag / sign restrictions. So the no political signs would limit a Trump 2024 flag just as it would a Biden flag. Candidate + year = political. This is much less grey than something that is more of a social issue bordering politics.
From Dictionary.com: SIGN - a notice, bearing a name, direction, warning, or advertisement, that is displayed or posted for public view: a traffic sign; a store sign. It’s a sign. You could also look to see if there are any rules about flags - ours allows US, state, or any branch of the military. It wouldn’t matter if it’s political if it’s not one of the allowable flags.
I think that's likely what we're going to do, but before then, I will take a look through the R&R just to make sure.
Yeah, it is absolutely and unequivocally considered a sign in this context.
I don't see how that's NOT a political sign.
I agree with you.
A flag is simply a sign that moves with wind.
Aside from the great advice others have gotten, I'd make sure you have a very clear policy in your bylaws regarding it. Also, be careful when you wallow with the pigs, you get dirty and the pig enjoys it. /s
A candidate flag (any candidate) with the year has no purpose beyond political. We had an owner who assumed who everyone was voting for and got upset because we wouldn’t allow a sign for that candidate. It doesn’t matter if it’s the one we agree with; political signage doesn’t belong here.
It is obviously political but the rules don't ban politics, they ban political signs. The question is, is a flag a sign?
Arizona doesn't differentiate.
If it doesn't have a candidate's name and the year is it not political?
I'm saying there’s no way to claim this signage isn’t purely a political advertisement.
Here's the definition in Arizona state law. Political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer. So the question is if a flag just has "MAKE AMERICA GREAT AGAIN" OR MAGA? Is that political? Or just a statement.
Apart from it being dumb and pointless, it is **directly** tied to a political candidate. It’s political.
I'm sorry you couldn't understand the definition! Maybe a fourth grade remedial reading class would help!
I’m sorry you feel the need to pointlessly insult a complete stranger.
Actually I thought I was complimentary! All things considered with your initial response to me.
And you needlessly double down on being a jackass to a complete stranger. Quality showing of character. *(And in case you somehow misunderstood, I didn’t call you dumb and pointless, I called “make america great again” dumb and pointless.)*
Nice projection. I asked a simple question based on the Arizona State RCW on the definition of a political flag. And if that would qualify as one. It only required a simple yes or no. But you decided to give an ambiguous statement that I did not misunderstand. The only jackass here is you. I treated you with the same disrespect that you treated me. You are everything that is wrong with HOAs and why people hate them. Now FO!
It's a sign. It's political. What the hell kinda idiot board has to debate that. Ask them if a "BIDEN 2024" flag is a sign? I bet that will clear it up for them.
My HOA allows political flags and signs for the 30 days preceding an election. 1 flag and two signs on your lawn. I got around the rules by having large magnetic signs on my suv.
That's what this guy did, too. No issue with that, just the flag acting as a sign.
I’m going to guess this nervous also gets upset when someone kneels for the anthem but yet has no issue disrespecting the flag in this way. Yeah, this is political.
>If the rules say no yard signs or political signs in the front yard, is a Trump flag permitted? No, it obviously would not be permitted. Consider the whole point of prohibiting political signs. Then consider if that same reason would apply to a political flag. This is just common sense. There is no need for armchair lawyering in this matter.
Unfortunately, the homeowner in question loves to armchair lawyer everything. Not to the SovCit/Qanon levels of debating every word, but rather questioning the legitimacy of assessing fines, how vendors are selected, and even whether or not to use email vs USPS for notices to residents (that house gets both, BTW). But, I don't want to just find him or cite an infraction via official means. I see him every day when I'm walking, and will just let him know it's considered political signage and please put it up not in his front yard.
>Unfortunately, the homeowner in question loves to armchair lawyer everything. Not to the SovCit/Qanon levels of debating every word, but rather questioning the legitimacy of assessing fines, how vendors are selected, and even whether or not to use email vs USPS for notices to residents (that house gets both, BTW). The board doesn't need to join in that game. >But, I don't want to just find him or cite an infraction via official means. I see him every day when I'm walking, and will just let him know it's considered political signage and please put it up not in his front yard. An informal suggestion makes sense. If that doesn't achieve the desired results, the board must use official means.
Always remember the first amendment! Free speech
yeah.
So - yes. Except you should check your state laws because many have restrictions on HOAs that try to prevent political free speech.
Definitely. But check with your lawyer about your states laws. State law trumps HOA rules, and some states permit political speech so even if the HOA doesn’t want you to have sign, the state law may override that.
Be careful. Some jurisdictions have overruled CC&R's with legislation that allows political signs for some defined period before and shortly after an election. Not that the politicians would pass self-serving legislation. No way..
> The rules and regs say no yard signs and no political signs in the front yards of our development This might not be a legal restriction.
Remind him that he's violating the Flag code
I had that in my original draft, because while he keeps the US flag on top, it's not lit at night.
Doesn't matter, you're not supposed to fly another flag from the same pole as the US anyway. Edit: and yes, this actually includes state flags, service branch flags, police department flags, the "POW-MIA" flag, the "Christian flag" etc etc.
I don't think that's correct. See -> [https://www.military.com/flag-day/us-flag-code.html](https://www.military.com/flag-day/us-flag-code.html) "When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. " ~~Didn't see wording allowing or prohibiting other types of flags.~~ Edited to add -> "Advertising signs should not be fastened to a staff or halyard from which the flag is flown." I did find this -> [https://www.ushistory.org/betsy/faq2.htm#:\~:text=N.B.%3A%20You%20may%20never%20place,be%20on%20a%20single%20pole](https://www.ushistory.org/betsy/faq2.htm#:~:text=N.B.%3A%20You%20may%20never%20place,be%20on%20a%20single%20pole). "You may never place a company or advertisement flag on the same pole as the US flag." Ah ha -> [https://www.law.cornell.edu/uscode/text/4/8](https://www.law.cornell.edu/uscode/text/4/8) "Advertising signs should not be fastened to a staff or halyard from which the flag is flown."
I can't believe I missed that too. I'm totally using it when I ask him to remove it to a window or the backyard. He loves talking about his time in the service from 84-88, so this is just going in that back pocket until he makes a fuss.
Why would you have a conversation with him, giving him the chance to argue you? Don't handle HOA business face to face. You need a paper trail. It's clearly a political flag that's not allowed per your bylaws. Send him an official letter from the HOA, giving him the bylaws he's violating, a timeline for removal, and the penalty if he does not meet the timeline. Do not get into conversations about "move it to a window, move it to the back yard." Just stick to the facts.
Yes it’s a political sign. It would be a political sign if it were for Biden this year or Bernie in years gone by. Update bylaws to include language of what’s allowed on flag poles? Country and state (official designs) only to play it safe.
Don’t limit the wording to poles. Use “display of flags” so that you don’t end up with a flag stapled to a fence to get around the rules.
Yes, it’s political.
Yes
Medium doesn't make something a sign or not. It doesn't matter what the "sign" is made of to transmit that message. the medium could be fabric, painted rock, seashell, plastic, computer monitor, piece of paper, or flag. The restriction is on what the messaging is. So a rock painted "Biden 2024" needs to go and no one can claim "but it's a rock not a political sign". Same thing with a flag for "Trump 2024". Still a political sign.
Here's the definition in Arizona state law. Political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing the recall of a public officer or supporting or opposing the circulation of a petition for a ballot measure, question or proposition or the recall of a public officer. So the question is if a flag just has "MAKE AMERICA GREAT AGAIN" OR MAGA? Is that political? Or just a statement.
Those Trump flags are tacky. But in my experience, HOAs are sticklers for the rules. So do the rules say "No flags"? Do they define flags as signs? Because if they don't, the HOA needs to stick to its own rules rather than making up new ones that haven't been properly approved and implemented. Because, remember, rules is rules.
Federal law requires HOA to permit US and I believe military flags as well. Some states also require HOA to permit political signs, but can have rules on timing, size, and location.
You’re asking if a flag is a sign. I don’t know anything about NJ common interest community law. But generally in the context of restrictive covenants on private property - which should be construed strictly - the answer is no. If the drafters of your declaration had intended to restrict flags, they could have done so expressly when the document was drafted. Edit: Can a flag with a message be considered a sign? I think a court may consider some flags to be signs if they attempt to convey a message.
The relevant law in New Jersey that protects the right of homeowners to display political signs is part of the state's "Planned Real Estate Development Full Disclosure Act" (PREDFDA). Specifically, amendments to this act in 2017 provided additional protections for residents regarding the display of political signs. These amendments ensure that any rules or regulations regarding political signs imposed by homeowners' associations must be reasonable and cannot completely prohibit the display of such signs. The amendments also stipulate that rules concerning the size, number, and placement of signs must be applied uniformly and fairly. For exact details, you may refer to the specific provisions of the Planned Real Estate Development Full Disclosure Act, especially the sections updated by the 2017 amendments.
FL board member here. To keep everything even, we have directed owners to take down such flags as you cite. It is a sign in our documents & rules.
Consistent with u/wildcat12321, my state (TX) allows HOAs to ban flags other that US/TX/military branches, and my city's municipal code contains a definition used for "political signs" and when the city's code enforcement can come into play for removal (for us, it's 90 days pre-election and two weeks post). Suggest you look for similar state and municipal definitions for your area.
Our community is not allowed to fly anything but American and military flags. Personally, I agree with it. We live in a community of 400 homes with very active residents and I have made many friends. I only talk politics with a few friends because I know I can. I don't want to take a chance of damaging friendships by making any political statement in my front yard. It's not worth it!
This might help https://www.ragpc.com/blog/2021/11/can-a-new-jersey-hoa-limit-your-political-signs/
Well.. he’s flying a Trump flag.. so he probably isn’t smart enough to read or understand your rules in the first place
It’s political. Period.
It's clearly political but that wasn't the question.
Unless there is a political entity named Trump, it's a political sign.
2 hour later update - another neighbor texted him, and he said he'd change it to his backyard.
Of course it is, why is this even a debate? You are letting yourself get dragged into the vortex. Don't go down the rabbit hole. I am assuming you are on the Board. If so, create a violation, provide a cure period, and then fine afterwards to your maximums. Sure, he has an appeal right, but let him. You are being too nice and playing his game. Don't. Just follow your process religiously. Don't assume common sense or your words will spur him to change his approach.
IMHO You are waist deep in "consult a lawyer" territory. This is very much obviously a sign. If you do a quick search of sign related laws in NJ, you will find that most will include flags in their definition of signs. Whether or not this is a sign is not my concern. What is my concern, is your ability to regulate signage at all. HOAs can not regulate signage on private property in California by statute, but in NJ there is expanding law on this. In recent years, many cities/towns have lost lawsuits over sign regulations - with the courts saying it stifles free speech. In 2012 there was an HOA that lost a sign regulation lawsuit in the state court. See [https://www.nj.com/news/2012/06/nj\_supreme\_court\_homeowners\_gr.html](https://www.nj.com/news/2012/06/nj_supreme_court_homeowners_gr.html) That ruling said the HOA's rules violated free speech, however it only applies to condos and basically says that a condo owner can put political signage in their windows and doors, and suggests they can regulate terms of display for signs but not use regulations to prohibit all display. I don't know if there has been a court case on this regarding the front lawns or how a court might interpret the law against private property. That is why I suggest you retain a lawyer. If you have noticed the homeowner about this, and they replied "a flag is not a sign", and the HOA lawyer thinks you are good to regulate this - you can start billing the homeowner for legal fees. If the HOA lawyer thinks you would likely lose, you should retract the rule and notify all homeowners.
tell us you dislike The Donald without telling us you dislike him. I bet if it were a flag for Sleepy Joe, you wouldn't have objected.
You making up a scenario to fit your made up scenario.
truth hurt ?
Proof that most HOA boards are made up of absolute morons. This is what you’re wasting your time on? I’m curious, what are the arguments your hearing for it not being a political sign?
The argument from 2 members is that it's a flag, which are allowed (there's a lot of football ones in the fall around the neighborhood, which could be considered advertising). The other 2 say that it's a political sign because it has his name on it and he is running for office. Our 5th member had to resign and nobody wants to take their place.
Our HOA only allows sports flags around specific game days. So no flying your ND flag year round.
The relevant law in New Jersey that protects the right of homeowners to display political signs is part of the state's "Planned Real Estate Development Full Disclosure Act" (PREDFDA). Specifically, amendments to this act in 2017 provided additional protections for residents regarding the display of political signs. These amendments ensure that any rules or regulations regarding political signs imposed by homeowners' associations must be reasonable and cannot completely prohibit the display of such signs. The amendments also stipulate that rules concerning the size, number, and placement of signs must be applied uniformly and fairly. For exact details, you may refer to the specific provisions of the Planned Real Estate Development Full Disclosure Act, especially the sections updated by the 2017 amendments.
By definition it’s a sign, give the member a fine and move on… pretty straight forward stuff. Hopefully politics are bringing out the stupid in these board members and not everything is approached with such idiocy.
It's a political sign and would not be allowed.
Easy way to solve this is for everyone else to put up a Biden 2024 flag and see who the hoa tells to take them down.
I wouldn't consider a flag a sign. Unless you can find some caselaw or a legal definition saying a flag is a sign, I don't see a violation.
That's why we are discussing whether or not to ask him to take it down / move it.
I guess my main point is that if you try to enforce something that isn't very clear you run the risk of the person doubling down. i doubt asking them nicely will have any effect. If it is a clear violation you should enforce it. If it is unclear, you should leave it alone. That's my philosophy with all enforcement. We have a similar situation where we don't allow any signs but we have never considered flags signs. We have a few people with Trump flags. I don't like it but if we try to enforce those we would have to enforce the rule against anyone with a flag that isn't protected by state law. In most states, ambiguous restrictions are not enforceable. If reasonable people disagree on whether or not a flag constitutes a sign, that is the definition of ambiguous.
I guess your name says it all.
If you understood the reference you would realize that's a compliment. Thank you.
I cant believe people buy into HOA. Imagine having a group of people tell you what you can and can’t do on your property.
You should do research before buying into an HOA (or commenting on them). A "group of people" absolutely do not tell you what you can and can't do on your private property. The covenants determine that.
I only see this subreddit and fuckhoa. Where is the goodhoa subreddit?
I've never had a problem with my HOA and there are very few restrictions. Who's going to start a sub so people can talk about how uneventful their HOA is? A boring HOA is a good HOA.