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Picture of kkina
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It only violates HOA rules as it's a sign; the fact that someone finds it "offensive" is immaterial. So if the homeowner replaces the sign that says "Jesus" with a portrait of Jesus, everybody is happy?

(Or more to the point, Mr. Complainer is still not happy, but there's nothing he can do about it now.)



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Posts: 17261 | Location: SF Bay Area | Registered: December 11, 2003Reply With QuoteReport This Post
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Picture of sgalczyn
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Find an attorney - hopefully a lawyer buddy - raise a civil lawsuit for infringing upon his freedom of religion....demand name of the complaining "neighbor"....proceed accordingly


"No matter where you go - there you are"
 
Posts: 4692 | Location: Eastern PA-Berks/Lehigh Valley | Registered: January 03, 2001Reply With QuoteReport This Post
safe & sound
Picture of a1abdj
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quote:
It only violates HOA rules as it's a sign; the fact that someone finds it "offensive" is immaterial.



I'm with the homeowner. I would argue that it is not a "sign" as described in the rules and is indeed a "Christmas decoration". As another example in that very same photo, the HOA also limits "banners". See the Chrismas banner in that photo? Just to to the left of the sidewalk.

Since the HOA does not give a crystal clear definition of what is a sign and what is a Christmas decoration, then that leaves a grey area open to interpretation.

My opinion is that their intent was to prohibit signage that includes some sort of advertisement or offer. They do specifically mention real estate signs as an example in their rules. I would believe that Christmas (or other) decorations are displays that celebrate the holidays. The HOA rules do specifically prohibit "lawn displays", but his display is not on his lawn.

So which side does this lean to? Advertising or celebrating?

quote:
raise a civil lawsuit for infringing upon his freedom of religion.


Nobody has infringed on his freedom, and even if they did I doubt there's any lawsuit there. Your freedom of religion is from the government, not your neighbors.


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Posts: 15965 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
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Why anyone would ever buy a home in an association controlled neighborhood is beyond me. Every HOA is run by the rejects who couldn’t make the cut for the PTA of their kids school.
 
Posts: 2246 | Location: New Hampshire | Registered: February 25, 2007Reply With QuoteReport This Post
A Grateful American
Picture of sigmonkey
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quote:
Originally posted by a1abdj:...

So which side does this lean to? ...


The absurd. Heavily.

Allowing "the letter of the law" to overstep common sense and common courtesy is appallingly absurd.

The HOA could have well stated to the complainant in many ways, to go home and have a Merry Christmas.

Anyone trying to argue in favor of the HOA and any "sign" rules in this case is evidence of why people are loathe to HOAs.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44763 | Location: Box 1663 Santa Fe, New Mexico | Registered: December 20, 2008Reply With QuoteReport This Post
safe & sound
Picture of a1abdj
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quote:
Allowing "the letter of the law" to overstep common sense and common courtesy is appallingly absurd.


The only thing more absurd is those willing to sign up for these rules voluntarily. Big Grin


quote:
Anyone trying to argue in favor of the HOA and any "sign" rules in this case is evidence of why people are loathe to HOAs


I am 100% for fighting these types of rules in government. I can't say the same for HOAs. I believe people should be free. Free to be away from these rules in everyday life, but also free to agree to living under them should they so desire.

I support the homeowner in this situation because I do not believe he is in violation of those he signed up for.


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Posts: 15965 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
A Grateful American
Picture of sigmonkey
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x3




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44763 | Location: Box 1663 Santa Fe, New Mexico | Registered: December 20, 2008Reply With QuoteReport This Post
Coin Sniper
Picture of Rightwire
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Since when does the opinion of one chart the direction for the rest of us?




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Posts: 38511 | Location: Above the snow line in Michigan | Registered: May 21, 2004Reply With QuoteReport This Post
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Picture of 2012BOSS302
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I don't consider this a "sign". Leave it up, let the HOA go through the motions if they so chose. Take the decorations down Jan 15, not enough time for anything to happen.




Donald Trump is not a politician, he is a leader, politicians are a dime a dozen, leaders are priceless.
 
Posts: 3820 | Location: Idaho | Registered: January 26, 2014Reply With QuoteReport This Post
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I'll Second That
 
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