Question: We live in a closed community with about 150 people joining. story condos.
We would like to sell, but one director told us that the "sale" sign of real estate is not allowed under our covenants, conditions and restrictions.
He quoted CC & Rs;
: "No owner, tenant or other occupant of a covered property shall post any advertisements, signs, flags, banners or posters for public display, provided that after the board has obtained written approval in advance regarding the size, type, color, style and location, it is possible to post a customary and reasonable size sign for the sale or lease of a large number of advertisements.
Board of Directors have the right to violate this segment display of project.
Does the owner not have the right to freedom of speech?
Because our community is closed, how can we sell our house correctly if real estate sales or rental signs are not allowed anywhere?
A: According to article 1353 of the civil code. 6(a)
Managing documents, including operating rules, shall not prohibit the posting of non-commercial signs, posters, flags or banners in the sole interest of the owner or in the interest of the owner (
In addition to the requirement to protect public health or safety, or to post or display violations of local, state or federal laws).
However, according to section 1,353rd. 6(c)
An association can prohibit non-commercial signs and posters in size of more than 9 square feet, as well as non-commercial signs or banners in size of more than 15 square feet.
The fourth case is Assn, owner of apartment La Costa. vs.
The court explained article 1353 of the civil code.
6. is only related to non-commercial speech and considers that the sign of the sale or rental of advertising property constitutes "commercial speech" because the interests of advertisers are purely economic.
Business speech is the speech of making business transactions.
Your covenants, conditions and restrictions give owners the right to place the "for sale" sign in their property and public areas with the consent of the board of directors.
Although your CC & Rs;
The board may be allowed to prescribe a "format" for your personal logo, and a casual or unreasonable total prohibition flag will be interpreted as an invalid or revocable policy.
Make a written request to the board to post the "for sale" logo.
Your writing requires the board to consider this requirement and make a reasonable and timely decision.
The request should include your proposed design, logo size, logo location and estimated posting time.
According to article 1368 of the civil code. 1(a)
, Any association rules or regulations that arbitrarily or unreasonably restrict the owner's ability to market its interests in the development of common interests are null and void.
It is absolutely forbidden to advertise on the deed
Restricting the sale of property will violate this regulation, which explains why your CC & Rs;
Allow the posting of signs with the approval of the board.
Section 713rd of the Civil Code grants the owner the right to reasonably display the advertising of the rental property, including: The property is sold by the owner or his agent;
Instructions for the property;
Name of owner or agent;
And the address and telephone number of the owner or agent.
Article 712 of the Civil Code removes any restrictions on the placement of signs that also have a "reasonable size and design" that "will not adversely affect public safety, including traffic safety ".
"The rights under these terms do not necessarily extend to the common area of development.
Under Assn, owner of the fourth La Costa apartment.
, The "logo" may include instructions on the name, address and telephone number of the property and the owner or agent.
If it complies with the local sign regulations and applies to placing signs on the owner's real estate, it is considered a reasonable size and design.
However, in an apartment project, the owner of the unit usually has no separate interest in the real estate.
4 La Costa apartment owner Assn.
The court held that, in some cases, the board may promote the "aesthetics" of development, prohibiting the posting of signs on the lawn, but allowing the outward --
Face the sign on the owner's window, or impose any kind of aesthetics --
Relevant restrictions on placing flags.
Although most associations understand that they cannot ban all of these signs, the court insists on unusual restrictions as long as they are not fully prohibited.
Many associations have a public area dedicated to the "for sale" logo.
At some point the board needs to be aware that the "for sale" logo is part of life, so it is reasonable to provide them with a visible location.
Zachary Levine, partner of Wolk & Levine, a law firm for business and intellectual property
Wrote this column.
Vanitzian is an arbitrator and mediator.
Send the problem to P. O.
Box 10490 by Marina del Rey, CA 90295 or noexit @ mindspring. com.