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Sign(s) of the Times

Posted by Chris Kelsey on Sep 16, 2020 11:40:15 AM

Social media has trained us to share our opinions readily, and with most people wearing their opinions on their sleeves these days, it’s not surprising to see so many posting their opinions to their homes and yards, especially in this election cycle. Not every opinion is expressed tastefully or minimally; some people would litter their yards with campaign signs if left to their own devices, but before you go sending violation notices or taking signs down, though, consider possible legal ramifications from doing so. For example, in 2016, the US Supreme Court ruled in favor of a small church in Gilbert, AZ in its suit brought against the city for restrictions that limited the display of signs for its services. The Court cited the First Amendment in ruling that city regulations regarding size and display times of signs could not be distinguished by sign content. Whether political propaganda or religious service parking instructions, all signs must adhere to the same sets of regulations.

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Topics: Community, HOA Compliance, elections, law, community link, HOA law

To Be Fair

Posted by Chris Kelsey on Feb 20, 2020 3:10:04 PM

All of us involved in servicing community associations, whether we be vendors, managers, or board members, have the important task of keeping up with legislative trends. Some states have much more complex statutes than others regarding this area of law, but we can expect that trends in these few states that are population centers and planned development community hotspots (California, Florida, Texas) will set precedent and find their way into the legislative agendas of other states. Recently, litigation initiated in Florida, seeks to enforce communities with an online presence into ADA compliance. This post is a follow-up to a previous post regarding Florida legislation requiring community associations to have online resources for all homeowners to access key documents (see, “Portal Up, It’s the Law). Let’s explore the current litigation and how to ensure you aren’t caught in the crosshairs of a similar complaint.

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Topics: resident portals, portals, HOA law