• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

HOA restricting political door magnet

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zthatzmanz28

Junior Member
What is the name of your state (only U.S. law)?

MICHIGAN

I live in a modular community and the HOA / property manager has told me in a RUDE manner that all my signs (inside my unit) have to come out of the windows and I also have to remove the signage from my vehicle windows.

I understand the HOA rules may not be more restrictive than state law. Where can I find the statutes that allow the HOA to restrict signage in residential windows?

Also, can they ban the placement of signs in my vehicle windows when parked or magnetic signs on my vehicle doors?

They are MY SIGNS for my campaign with my name on the signs.


Thanks
 


FlyingRon

Senior Member
I don't quite understand what you mean by "I understand HOA rules can't be more restrictive than state law" but it sounds on the face of it to be patently untrue. There's not been any overriding federal decision on this and the states are all over the place on the issue.

What sort of development is this? Michigan has definite different rules for condos and other home owners associations. Unfortunately, I see nothing in the Michigan laws or subsequent legal cases that says they can't enforce such restrictions. The tide I would suspect is against arbitrary banning of political statements entirely. Lawyers are advising HOAs to place content-neutral, specific aesthetic guideance in their rules to avoid suits.
 

quincy

Senior Member
There can be restrictions placed on the time, place and manner (size, number, location) of a display, as long as the restrictions are not unreasonable or otherwise prohibited by law. There is, for example, restrictions possible on even the display of U.S. flags.

What an HOA cannot do is prohibit the display of a political sign entirely. But you must work within the HOA's restrictions and covenants.

Michigan Attorney General Frank J. Kelley, Opinion #6258, on political sign restrictions (1984, updated 2008):
http://www.ag.state.mi.us/opinion/datafiles/1980s/op06258.htm
 
Last edited:

tranquility

Senior Member
There can be restrictions placed on the time, place and manner (size, number, location) of a display, as long as the restrictions are not unreasonable or otherwise prohibited by law. There is, for example, restrictions possible on even the display of U.S. flags.

What an HOA cannot do is prohibit the display of a political sign entirely. But you must work within the HOA's restrictions and covenants.

Michigan Attorney General Frank J. Kelley, Opinion #6258, on political sign restrictions (1984, updated 2008):
http://www.ag.state.mi.us/opinion/datafiles/1980s/op06258.htm
The first amendment applies to the states through the 14th amendment. An HOA?

Some states are beginning to hold HOA are quasi-governmental and some states have overturned bans on political signage. (In a quick search, it seems NJ has.) I don't think it has been decided in Michigan yet.
 

quincy

Senior Member
The first amendment applies to the states through the 14th amendment. An HOA?

Some states are beginning to hold HOA are quasi-governmental and some states have overturned bans on political signage. (In a quick search, it seems NJ has.) I don't think it has been decided in Michigan yet.
There is some question as to what sort of housing development zthatzmanz28 lives in, which makes a difference.
 

j_doyle

Junior Member
Mobile home park.
In the states where I own land, MD and WV, there is a difference between Modular and Mobile Homes. I imagine this is similar elsewhere.

A Modular Home is built to local building codes. It walks like, looks like and sounds like a stick built house. Think IKEA flat pack house. It is viewed as Real Property.

A Mobile Home, or Manufactured Home, is built to HUD Federal Codes. They have axles, are built on a frame, require a State DOT license plate, they have a VIN number, they have a Title, and are considered Personal Property.

Among other things, this allows them to be treated very differently under zoning and other laws.

The Covenants for both of my pieces of land prohibit Manufactured Homes, but allow Modular Homes.

WV has a set of laws, where it is possible to convert a Manufactured Home into Real Property. With proper timing, I could buy a Manufactured Home and 'convert it' into Real Property before the HOA could bring suit for non-conformance.
 
Last edited:

quincy

Senior Member
In the states where I own land, MD and WV, there is a difference between Modular and Mobile Homes. I imagine this is similar elsewhere.

A Modular Home is built to local building codes. It walks like, looks like and sounds like a stick built house. Think IKEA flat pack house. It is viewed as Real Property.

A Mobile Home, or Manufactured Home, is built to HUD Federal Codes. They have axles, are built on a frame, require a State DOT license plate, they have a VIN number, they have a Title, and are considered Personal Property.The Covenants for both of my pieces of land prohibit Manufactured Homes, but allow Modular Homes.

WV has a set of laws, where it is possible to convert a Manufactured Home into Real Property. With proper timing, I could buy a

Among other things, this allows them to be treated very differently under zoning and other laws.

Manufactured Home and 'convert it' into Real Property before the HOA could bring suit for non-conformance.
There is a difference in Michigan between mobile homes and modular homes, as well - with modular homes built to State of Michigan residential building codes and mobile homes built to HUD codes.

In Michigan, while you can find both mobile home and modular home communities, there are very few modular home communities. Modular homes are generally built on private sites and mobile homes will be located in communities or parks (especially in urban areas). "Up North," in the more rural areas, you find mobile homes located on private land.

For manufactured housing rules: http://michigan.gov/documents/dleg/dleg_bcc_mfghsg_general_rules_236989_7.pdf

At any rate, zthatzmanz has not really made clear what sort of "community" he lives in - and this can make a difference.
 

quincy

Senior Member
On a semi-related matter, here is a link to an article from Michigan's Holland Sentinel on a recent First Amendment case arising over a sign display and a Saugatuck, Michigan, ordinance which limits the number of signs that can be displayed to three. A judge has struck down the ordinance as unconstitutional.

http://www.hollandsentinel.com/article/20140903/NEWS/140909698/?Start

After seeing the picture of the sign display that gave rise to the suit, I am not sure how I feel about the judge's ruling. :)
 
Last edited:

LdiJ

Senior Member
There is a difference in Michigan between mobile homes and modular homes, as well - with modular homes built to State of Michigan residential building codes and mobile homes built to HUD codes.

In Michigan, while you can find both mobile home and modular home communities, there are very few modular home communities. Modular homes are generally built on private sites and mobile homes will be located in communities or parks (especially in urban areas). "Up North," in the more rural areas, you find mobile homes located on private land.

For manufactured housing rules: http://michigan.gov/documents/dleg/dleg_bcc_mfghsg_general_rules_236989_7.pdf

At any rate, zthatzmanz has not really made clear what sort of "community" he lives in - and this can make a difference.
I am coming a bit late to the party but I agree with the explanations that people have given about the difference between mobile and modular homes. One of my brothers used to work for a modular home company and those houses, once finished, looked no different than any other "built" home. Its kind of like a jigsaw puzzle. Pieces of the home were built at the factory, shipped to the site, and then assembled on a regular foundation...then the outside finishing was done. It was actually kind of cool.
 

quincy

Senior Member
I love it when people get creative to fight city hall.

DC
Ha. Creative is definitely the word, isn't it? :)



LdiJ, it is not the difference between the two types of homes but rather the poster's use of the words "community" and "inside my unit" that makes me think the poster lives in a "mobile" and not a "modular" home - that and the fact that there are really no (or few) modular home communities in Michigan.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top