For Sale Signs

[Zony]

What is the name of your state? Arizona

I live in a community that is governed by a Homeowner's Association. It is a new development and the developers are still in charge of the HOA. They inserted a rule into the Design Guidelines almost a year after I bought the home that prohibits homeowners from putting up a For Sale sign because they are still selling new homes and do not want buyers to see resales.

I have listed my home in the MLS, but because of the nature of this community, most sales are generated from signs. Other subdivisions in this development are now under the control of the homeowners and they allow one sign. But due to the slowdown in sales, we will probably not be in charge for some time yet.

I have heard that other homeowners and real estate agents have fought this rule under First Amemndment law and won. Can anyone direct me to precendent setting rulings? Or any other advice? Thanks.

Zony

[fairisfair]

Loren v. Sasser, 309 F.3d 1296 (11th Cir. 2002)

"The United States Court of Appeals for the 11th Circuit recently entered a decision regarding an association's ability to restrict posting signs on property within a community. A homeowner sued her association because the association would not allow her to post a "For Sale" sign at her house. (See Loren v. Sasser, 309 F.3d 1296 (11th Cir. 2002)). The homeowner claimed the association had violated her constitutional right to free speech under the First and Fourteenth Amendments to the Constitution, and 42 U.S.C. § 1983. The association's deed restrictions prohibited a homeowner from displaying any sign or advertisement on the property unless specifically approved. The homeowner sought approval to place the "For Sale" sign, but the association denied her request. The court of appeals affirmed the trial court's ruling that the homeowner was not protected under the First and Fourteenth Amendments because the association's actions did not constitute state action. Furthermore, the court indicated that to succeed on a 42 U.S.C.§ 1983 claim, a party must show that the conduct in question was committed by a person acting under the color of state law and that the conduct deprived a person of rights, privileges or amenities secured by the Constitution or law of the United States. (See Id. at 1302). The court indicated the association was a private organization, and consequently the actions of the association did not constitute actions of the state."


Looks like this went the other way.

[Zony]

fairisfair,

Thanks for taking the time to post an answer. Obviously, it's not what I'm looking for, but all information helps.

Zony

[nextwife]

Actually, most SALES are NOT genreated by signs. Most SALES are generated by real estate professionals showing their buyers homes that they are qualified to buy. Many who call on signs turn out to NOT be qualified to buy that home.

I just sold a condo, and no signs allowed. We had constant showings!

You are obligated to follow the HOA rules.

[Zony]

While I would normally agree with you, you have to know the area to comment. This is a tourist town and virtually all of my neighbors were simply visiting the town as tourists when they decided to drive around and found a house for sale. They then called the agent to see it, but the signs were what generated the initial interest. I know it's unique, but that's the way it is here. My sister worked in Seattle as a broker for the biggest agency there for many years and even she has come around to believing it's all about signs here. Almost everyone who lives here bought on impulse because they loved the village and the people they met while visiting.

Zony

[lcannister]

However, believe it or not, if someone calls on property A any agent/agency worth their salt will also show listing B,C,D,E if they are on the list for sales and comparably priced.

Personally I think it is ridicules that you can not place a sign in the yard but thems the rules you signed on to when you purchased.

Now creatively, can you place a sign in the window of the home? Is there a street side mailbox? Tape a for sale sign to it. Put a sign on the side of your car during the time it might just have to sit in the driveway. I am not suggesting you do any of these things but they have been used effectively around town here.

[Gadfly]

Regardless of how you think the houses sell, list your home with a realtor and see what happens. It won't cost you anything unless you actually sell.

[HappyHusband]

Originally Posted by lcannister

However, believe it or not, if someone calls on property A any agent/agency worth their salt will also show listing B,C,D,E if they are on the list for sales and comparably priced.

Personally I think it is ridicules that you can not place a sign in the yard but thems the rules you signed on to when you purchased.

Now creatively, can you place a sign in the window of the home? Is there a street side mailbox? Tape a for sale sign to it. Put a sign on the side of your car during the time it might just have to sit in the driveway. I am not suggesting you do any of these things but they have been used effectively around town here.

Good thinking. I suggest blending the signs in with the Christmas decorations.
Arrange the lights to flash "4-SALE", have Santa hold a sign saying "Buy This House for Christmas! The Price is Low, Low, Low!", and the snowman could hold a sign saying "Happy Holidays Open House". In the nativity scene the Three Wise Men can be shown bringing baby Jesus the deed, closing costs, and termite inspection report. Such a heart-warming scene.

If your family wants to stand outside and sing Christmas carols, every other song could be an advertisement. May I suggest the following;

To tune of "Oh Christmas Tree",
This house for sale
This house for sale
Call Tammy at A-1 Realtors
It's got a den, and family room
The study can be, a fourth bedroom
Install a pool
It's really cool
Call Tammy at A-1 Realtors

To the tune of "Deck the Halls"
This house is MLS listed
Fa la la la laa la la la la
Call today for a viewing
Fa la la la laa la la la la
Three bedrooms
2 1/2 baths
Fa la la la la la la la laaa
Low Homeowners Association fees,
Fa la la la laa la la la laaa.

To the tune of "Let It Snow" (2 verses!)
The Homeowners Association is frightful
Their rules are so delightful
If you have no other place to go
Buy our home
Buy our home
Buy our home

If you are retiring
This should be inspiring
'Cause if you buy this home
It never snows
It never snows
It never snows

[fairisfair]

Originally Posted by HappyHusband

Good thinking. I suggest blending the signs in with the Christmas decorations.
Arrange the lights to flash "4-SALE", have Santa hold a sign saying "Buy This House for Christmas! The Price is Low, Low, Low!", and the snowman could hold a sign saying "Happy Holidays Open House". In the nativity scene the Three Wise Men can be shown bringing baby Jesus the deed, closing costs, and termite inspection report. Such a heart-warming scene.

If your family wants to stand outside and sing Christmas carols, every other song could be an advertisement. May I suggest the following;

To tune of "Oh Christmas Tree",
This house for sale
This house for sale
Call Tammy at A-1 Realtors
It's got a den, and family room
The study can be, a fourth bedroom
Install a pool
It's really cool
Call Tammy at A-1 Realtors

To the tune of "Deck the Halls"
This house is MLS listed
Fa la la la laa la la la la
Call today for a viewing
Fa la la la laa la la la la
Three bedrooms
2 1/2 baths
Fa la la la la la la la laaa
Low Homeowners Association fees,
Fa la la la laa la la la laaa.

To the tune of "Let It Snow" (2 verses!)
The Homeowners Association is frightful
Their rules are so delightful
If you have no other place to go
Buy our home
Buy our home
Buy our home

If you are retiring
This should be inspiring
'Cause if you buy this home
It never snows
It never snows
It never snows

You are the best!!!!!

[HappyHusband]

Originally Posted by fairisfair

You are the best!!!!!

Merry Kwanzhanukahmas!

[fairisfair]

Originally Posted by HappyHusband

Merry Kwanzhanukahmas!

back at ya!

I celebrate them all, any excuse for a party!!!!

[HappyHusband]

Originally Posted by fairisfair

back at ya!

I celebrate them all, any excuse for a party!!!!

I tried to celebrate them all last year but the kinara and menorah kept setting the tree on fire. Then, somehow the neighbor's dogs got into our house and ruined our turkey so we had to go to a Chinese restaurant for our Christmas dinner.

[fairisfair]

Originally Posted by HappyHusband

I tried to celebrate them all last year but the kinara and menorah kept setting the tree on fire. Then, somehow the neighbor's dogs got into our house and ruined our turkey so we had to go to a Chinese restaurant for our Christmas dinner.

hmmmm. . . . I think I saw part of that on t.v. You must be famous!

[HappyHusband]

Originally Posted by fairisfair

hmmmm. . . . I think I saw part of that on t.v. You must be famous!

Yeah, the old man was real mad! He was all like "Sons-a-bitches!!! Bumpuses!!"

[fairisfair]

Originally Posted by HappyHusband

Yeah, the old man was real mad! He was all like "Sons-a-bitches!!! Bumpuses!!"

Did you shoot your eye out?