Losing HOA Sign Case Costs Owners $7000 in Covering HOA Legal Costs

I have often talked about my support of a no-sign rule for condominiums and HOAs, along with the risk owners take if they fight this rule. For Johnnie and Clara Russell of Fort Worth, the judge in their case – which they lost – awarded the defendants, the HOA, legal costs. In this case, the award amounts to $7000 which the Russell family must now pay.

My continuing caution to owners that want to fight no-sign laws: it’s an uphill battle, it’s expensive, and you’re likely going to lose.

Patriotism Is an Invalid Reason to Break Bylaws

The bylaws of condominiums, HOAs, and stratas exist to manage the common property related to the development – the hallways, walls, grounds, parkades and amenities. It’s a document that builds a simple and usable framework of rules that allows for multiple owners to make collective decisions on how to fund, manage, and maintain the infrastructures that isn’t exclusive to their use (like their unit).

In managing and maintaining the common property, bylaws also include some limitations on the activities and rights of the owners on how they can use these common elements. In particular – they limit owner expression on common property, and prevent owners from monopolizing any amenities.  You could imagine in a building of 200 that all the owners may not share the same political outlook, and instead of creating complex rules for displaying political messages on common property the bylaws simply restrict any political expression.

That’s why I always chaff at the use of patriotism as grounds to violate the bylaws. Patriotism, by nature, is a political expression. Even people who are equally patriotic can disagree on what is a fair or true expression of loving one’s country. As such, though patriotism is an emotion well worth holding, it is not grounds for violating bylaws.

Auburn Meadows Property Owners Association is currently facing media heat for requiring a sign reading “My Son is Army Strong” (with a link advertising a military website) to be taken down, as it is in violation of their signage bylaws.

More telling is Crystal Chilcote’s (the infringing owner, along with her husband Glen) reasoning for the sign:

[the war in Afghanistan] has just been going on for so long that people are totally disconnected unless they’re directly involved with their family members being gone.

a statement that clarifies the political call to action Crystal and Glen are making with the sign.

I would encourage the Auburn Meadows Property Owners Association to be “Community Strong” and support all their owners’ divergent political views by enforcing their bylaws, and ignore one owner from bullying them by claiming patriotism.