Political Yard Signs and HOAs

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Today I got a letter in the mail. It reads, in part:

Dear Homeowner(s),

You are in violation of one or more of the provisions of the protective covenants, conditions, and restrictions of [the homeowner's association].

Provision(s):

Section 2.11-Signs
"Except for permanent entrance signs and markers, street, directional, traffic control, and safety signs and such promotional signs as may be maintained by the Declarants or Declarant-approved agents, builder or contractors on a temporary basis during the Development Period, no signs or advertising devices of any character shall be posted or displayed in the Plat of Kackman Creek: provided, however, that one temporary real estate sign not exceeding 6 square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease."

PLEASE CORRECT THIS VIOLATION(S) WITHIN 30 DAYS OF THIS LETTER TO PREVENT FURTHER ACTION AND FINES."


Etc.

I have three signs up now, all just normal yard sign size. I have one each for my State Representatives running for re-election (Dan Kristiansen and Kirk Pearson), and one for Doug Roulstone, running for U.S. Congress. I was planning to add a Mike McGavick sign soon: he's running for U.S. Senate.

First thought: who would complain about this, for cyring out loud?

Second thought: huh, I have thirty days, plus a week before the first fines. The election is in 33 days. :-) I could just ignore it.

Third thought: I know some states protect homeowners from such things. I wonder what Washington State law says.

Too bad for the complainant that I know how to use Google and the Washington State lesiglature's site, because I found this:

RCW 64.38.034
Political yard signs -- Governing documents.

(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs.

(2) This section applies retroactively to any governing documents in effect on July 24, 2005. Any provision in a governing document in effect on July 24, 2005, that is inconsistent with this section is void and unenforceable.


I replied back to the committee:

Today I was in receipt of a letter that notified me I am, supposedly, in violation of the CC&Rs because of my election signs.

This notification is in violation of Washington State Law. Please see RCW 64.38.034.

        http://apps.leg.wa.gov/RCW/default.aspx?cite=64.38.034

Regards,

--
Chris Nandor


I guess I'll put up that McGavick sign after all. slashdot.org

1 Comments

Radical Tacoman Author Profile Page said:

Good job, man. I'm working on getting a law passed so condo owners can have the same protections.

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=6681&year=2008

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