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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTexas Homeowner Association Threatens Family Over Sign
A large sign painted on a Texas familys lawn in support of Democratic candidate Beto ORourke, who is running to unseat incumbent Republican Senator Ted Cruz, has caused a clash with a homeowners' association.
The HOA sent us a letter stating we're out of compliance because we have a Political sign painted into lawn, said Shannon Bennett, of Katy, Texas, in a Facebook post. They've given us five days to remove the sign (but also gave us until Oct 30 in another section and gave us 30 days to request a hearing in yet another section). And they've threatened to remove it themselves if we don't.
The sign, featuring "BETO" painted in large, white capital letters with a black background, is on the front lawn of Bennetts home about 30 miles west of Houston.
Speaking with McClatchy newspapers, Bennett said the president of the HOA confronted the family about the sign before she, her husband and kids had even finished painting it.
He was very hostile, Bennett said. This is truly a shock, that they became so angry.
The HOA did not immediately respond to Newsweeks request for comment Saturday.
https://www.msn.com/en-us/news/us/texas-homeowner-association-threatens-family-over-sign/ar-BBODDrr?li=BBnb7Kx
Hortensis
(58,785 posts)And it should not be a surprise, though not admirable, that some might get very angry. These are very emotional times. Don't poke the beast.
Yo_Mama_Been_Loggin
(108,192 posts)Hortensis
(58,785 posts)though. When they moved in the HOA poured funds into the tennis courts they used and kept the swimming pool closed well into summer. So my DIL joined the board, and now things are better.
But HOA or none, we need to help people under the thrall of trumpsterism to calm down, not get them more worked up.
This is the only kind of mob they're going to see, and they need to realize it.
jberryhill
(62,444 posts)There are many states which do not allow HOAs to restrict political signs. Texas is one of those states.
https://www.statesman.com/news/20160915/aug-5-homeowners-association-wrong-to-restrict-political-signs
Texas Property Code Section 202.009 reads, in part, a property owners association may not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owners property one or more signs advertising a political candidate or ballot item for an election during the 90 days before an election. Although this law became effective June 18, 2005, there is an HOA community in the shadow of the Capitol whose covenants still restrict political signage, and there may be others as well.
tammywammy
(26,582 posts)(1) contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component;
(2) is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object;
(3) includes the painting of architectural surfaces;
(4) threatens the public health or safety;
(5) is larger than four feet by six feet;
(6) violates a law;
(7) contains language, graphics, or any display that would be offensive to the ordinary person; or
(8) is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm
jberryhill
(62,444 posts)People seem to believe that HOAs in all states can ban all signs. That is simply not true.
Hassin Bin Sober
(26,339 posts)The HOA is using some loophole saying the sign is attached to landscaping. I guess yard signs staked in to grass are also forbidden?
tammywammy
(26,582 posts)They can still restrict political signs attached to plant material or based on size.
Hassin Bin Sober
(26,339 posts)And does the association have a size restriction? The law says they may restrict size but do they?
The couple says they researched. So I wonder.
tammywammy
(26,582 posts)I would say that's attached to plant material. I haven't been able to find their actual HOA rules online.
Ilsa
(61,698 posts)with a size stipulation? I don't think I'd want to see a Cruz or Trump sign painted into the neighbor's grass.
Pity Puddles
(98 posts)I'd request a delay until Wednesday, November 7th.
Mow the lawn after 8pm on November 6th.
Problem solved.
ManiacJoe
(10,136 posts)The home owners knew better and did it anyway.
Adrahil
(13,340 posts)Which is fine by me.
zeusdogmom
(998 posts)But usually state a size limit as well as a time limit. Easy enough to follow e guidelines. Those who don't are making it more difficult for everyone, including the people running for office.
I was on the board for our HOA when Obama was running. My very republican neighborhood was fine with repug signs but when that first Obama sign went up, my email box as well as those of the other board members lit up with complaints. The Board basically told the complainers to pound sand. The signs were legal. And so were the signs in the complainer's yards. Just please remove them all the day after the election.
FYI - HOA's aren't all bad. I love my neighborhood and the wide diversity of people who live here. Our HOA document help everyone live in harmony. This comingnweekend the neighborhood will gather at the end of a cul de sac and enjoy a pig roast - pig paid for by neighborhood association funds. Everyone attending brings a dish to share. Halloween - we will feed the kids pizza after a parade thru the neighborhood. Then it is on to trick or treating. Since I don't have little kids, I'm on clean up. Our HOA also runs an Easter Egg hunt, donuts on the first Friday of new school year, and an ice cream social sometime in the summer. Yes we struggle at times with homeowner issues but they are eventually resolved. The Board also acts as advocate for homeowners when issues with the city come into play. Yes there are HOAs who rule with a heavy hand. Solution - run for a board position and help fix it.