I'm a big fan of property rights. I'm also a big fan of binding contractual agreements. So I'm not very upset about this story.
Patriotic signs stir neighborhood controversy
Yard signs are outlawed by deed restrictions in the Lakeline Oaks neighborhood in Cedar Park.The rule, being enforced on signs of patriotism, is ruffling some flags and feathers.
"We have troops across the ocean. We support them. What other better way to do it than by putting a sign out," Sgt. Maj. Anthony Sandoval said.
He posted a sign in support of troops and the president in his front yard more than a year ago.
Last week he received this letter from his neighborhood association telling him to remove the sign or face a fee of $10 a day.
The Lakeline Oaks Homeowners Association says the sign violates a rule in their deed restrictions prohibiting the display of signs in yards.
"That's my home. I'm paying for that home. I should have some say as far as what's in my yard," Sandoval said.
According to the homeowners' association manual, the rule doesn't just apply to political signs. It applies to any and all signs posted on the homeowner's property. An exception is made for real estate signs. Before moving into a neighborhood with deed restrictions, home buyers are given a copy of the neighborhood rules and are required to sign an agreement to keep the rules when closing the purchase of the home.
The deed restrictions (PDF) say this is a "Minor Violation." It also mentions this:
I. "Restriction" shall have the same meaning herein as given to that term in Section 54.237, Texas Water Code, which is a limitation on the use of real property that is established or incorporated in properly recorded covenants, property restrictions, plats, plans, deeds or other instruments affecting real property in a district and that has not been abandoned, waived, or properly rescinded.
Sandoval and others went the homeowners' association meeting to ask for leniency."We're just sensitive about this thing. We think they need to be more flexible," resident Bill Bonner said.
Some residents who showed up say the subdivision's rules are there for a reason."People pay to go into a subdivision like this because they want rules defined. You just can't posterboard your house with your views of the world," resident Robert Kenny said.
"Let everybody have their will to have whatever they want to put on there. It's their piece of land. If somebody wants to say, we don't want the war, that's their freedom of speech," Sandoval said.It's a freedom some residents say they didn't give up when they moved into the neighborhood.
Don't sign a contract with an entity that imposes rules on you that are formed by collective decision.
Sandoval and other active and retired soldiers in the neighborhood plan to contact various veterans groups to help them pursue other legal avenues.Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin
UPDATED 11/17/2006 11:55am
Live Up to Your Contracts, II
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This may seem like a respnse regarding an old issue, but it isn't. I happen to live in the next subdivision over and we share membership in the Williamson-Travis MUD #1. Two things with this particular case. First, the MUD has signed over enforcement of these rules to a contractor, who sees black and white, no grey, seen through the eyes of someone who does not live there, does not know the individuals.
Second, and much more significant is that for some reason, most of the homeowners in my subdivision do not know the details of the restrictions, and a very large number of them don't know they exist. When I bought here first time in '86 I demanded a copy when I was lookig at the house, before I signed the contract. The seller, then the developer, actually refused. I persisted, homes weren't selling well, they gave in. Later, after the closing I at first believed that I had never signed and agreed to them. But I did. They're clever. There's a page that I signed stating that I agreed to the provisions in Volume 1361 Page 404 of teh records of Williamson County. The title company people and real estate people, bith sides were silent about it. Same thing when I bought another on here in 2001.
So people like Mr. Kenney claim that people move here because they like the restrictions, and I say that's pure eletist nonsense. Most people don't want them, they have no choice realistically. I will guaranty that there has been no subdivision built out since about 1984 that does not have them. But if tehy're so darned good, why all the slight of hand and hiding the fact that they exist "here"? Answer can only be that everyone understands that most people don't want them, except the people who like being "king", and the real estate agents that believe them.
George Csahanin
Posted by: George Csahanin on April 9, 2006 06:01 PM