QUESTION
HOA Community in NJ. Dispute related to prohibiting "for sale" signs on properties that are, in fact, for sale. Prohibiting a "for sale" free speech?
Asked on Jun 25th, 2012 on Civil Rights - New Jersey
More details to this question:
HOA Governing Documents are a mess, but: - Governing docs (Article 5) for the HOA allow specifiy "owner" or "homeowner" should NOT hang or affix signage that has not been approved by the HOA.
-Also specifies that "signs for any other purpose are prohibited unless allowed by rule or regulation".
- And specifies deviations are allowed "in Article 5 by the Board in order to ¿overcome practical difficulties and prevent unnecessary hardships¿as long as it doesn¿t violate the intent and purposes ¿as long as it is not detrimental or injurious to other property or improvements in the area and it can not violate the law."
The board is seeking the reasonable right for owners to avoid hardships in selling their properties. The objection to visible signage is because "too many houses for sale looks bad".
Related Supreme Court of New Jersey decisions: http://tinyurl.com/HOAvKh http://tinyurl.com/NJsch
1 ANSWER
2 Awards
According to the section you have cited, not being able to display a "For Sale" sign is definitely going to impose a hardship and make it more difficult (but not impossible) to sell your property. We have two partners in my firm that either currently represent HOA's in Ocean County, or have represented HOA's in other counties. If you would like to discuss this matter with one of those attorneys, please call my office. Good Luck - it is difficult in this market to sell a property, and you will need every advantage.
Answered on Jul 18th, 2012 at 6:52 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship