My wife was heartbroken when we received a letter demanding we remove a Virgin Mary statue from our yard. It was only about two to three feet tall. This seems unconstitutional to me. Any free legal advice or references to legal help in this matter is appreciated.
2007-10-17 05:29:45 · 10 answers · asked by Marky Mark 1 in Politics & Government ➔ Law & Ethics
Check the bylaws and covenants. Then, make it a freedom of religion issue and be prepared to fight them. Good luck.
2007-10-17 05:37:25 · answer #1 · answered by Christmas Light Guy 7 · 1⤊ 2⤋
They might have had a rule that said no lawn ornaments over a certain size. It doesn't matter if it was a yard gnome, the virgin Mary or a statue of satan; if they said no lawn ornaments, it was a violation against the HOA.
2007-10-17 05:57:29 · answer #2 · answered by Eisbär 7 · 1⤊ 0⤋
Yes. The purpose of HOAs is to regulate how your home and yard appear, keeping conformity and appropriateness in check. So yes, putting yard art of any kind is likely against the rules. Religious or not, the rules are that no ticky-tackies are allowed. If you don't like it, move to where there is not a HOA.
2007-10-17 05:34:34 · answer #3 · answered by Flatpaw 7 · 1⤊ 0⤋
It's not unconstitutional because it's not the government that is prohibiting you -- it's a private group of private property owners, and you agreed under contract to abide by their regulations when you moved into that property association neighborhood.
Because it is a private group -- and because you agreed to abide by their decisions -- you can be required to do things that would be unconstitutional if the govt tried to force you -- the govt is held to a higher standard than the voluntary limitations you choose to accept.
2007-10-17 05:45:38 · answer #4 · answered by coragryph 7 · 2⤊ 0⤋
Dude, why would you even move to a neighborhood with stupid rules like this? Why would you want someone else telling you how to think? Did you sign the agreement? If not, put it back up but be prepared for a fight. If you did, you might as well just lay down and take it from the "Thought Police".
2007-10-17 05:34:53 · answer #5 · answered by Phurface 6 · 0⤊ 1⤋
Yes. That's why I live on the boat.
JUST TO CLARIFY:
This is NOT a freedom of religion issue. This is a straight contract issue. THE HOA has no requirement to protect any 'rights' outside of the plain language of the contract you signed.
2007-10-17 05:32:33 · answer #6 · answered by hexeliebe 6 · 1⤊ 0⤋
the 1st modification starts off out, "Congress shall make no regulation ...". till Congress is working your HOA, there is not any First modification violation. *EDIT* - they are not a central authority entity, subsequently they do no longer could furnish you the liberty of speech. it could be like in case you referred to as me on the telephone and that i hung up on you. are you able to take me courtroom for violating your First modification ideal of unfastened speech? No.
2016-10-09 10:07:29 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I'm not even allowed to cut a tree in this city.OR put statues up?
2007-10-17 05:41:17 · answer #8 · answered by who 5 · 0⤊ 0⤋
if they ban ALL lawn decoration from the ugly flamingo to sundials then yes if they allow gnomes, trolls and other items then no they can not.
2007-10-17 05:40:37 · answer #9 · answered by Blessed Rain 5 · 0⤊ 0⤋
read your cc&r's. each h.o.a is different. if there's an issue try Alliance Defense Fund.
2007-10-17 05:41:18 · answer #10 · answered by Anonymous · 0⤊ 1⤋