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HOA: SIGNS MUST GO campaign signs

August 16, 2008 12:15 am

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Pat and Heather Stefl received a citation from their homeowners association for posting election signs in the yard of their Stafford home.

BY KAFIA HOSH

BY KAFIA HOSH

Each election year, Pat and Heather Stefl proudly display political campaign signs on the lawn of their North Stafford home.

This year was no different.

The Stefls placed signs touting their choices for the upcoming presidential, senatorial and congressional races. The posters are tucked neatly into a small garden surrounded by brick edging.

But the signs may carry a price.

The St. George's Estates Homeowners Association ordered the Stefls to remove the signs by Aug. 29 or face a possible fine.

Campaign signs are not included on the HOA's list of approved signs.

The Stefls say the HOA rule infringes upon their right to free speech.

"I did not sign away my constitutional rights by buying into this home, and I do see this as a First Amendment right," said Heather Stefl, a 35-year-old homemaker.

RULE ALLOWED BY LAW

But it seems the HOA is within its right to regulate the signs. State law prohibits localities from banning the display of political campaign signs on private property. However, the law does not apply to HOAs.

Still, the Stefls argue the HOA rules are too restrictive.

"To me, it's a free-speech issue," said Pat Stefl, a 44-year-old government consultant. "They're telling me what I can and can't think on my own property that I pay taxes on."

The Stefls are not alone.

Susan Stimpson, chairwoman of the Stafford Republican Committee, said residents sometimes contact her about putting campaign signs in their yards.

"While I appreciate a homeowners association's attempt to have certain regulations, when you start clamping down on freedom of speech, that always gives me grave concern," she said.

RAMPED-UP ENFORCEMENT

The Stefls, who have been in their home five years, said they have never been cited for their signs before, even though the HOA rules have been in place since 2005.

But there has been a recent step-up in enforcement.

Volunteer homeowners were once responsible for inspecting the community of 454 homes. But last year, the neighborhood's management company, Landmarc Real Estate, took over that task.

"It just became too much of a job for volunteers," said Linda Solomey, the community's property manager.

Two other homeowners also have been cited for displaying campaign signs, according to Landmarc.

Homeowners with a violation receive two warning letters. If they fail to correct the problem, they must come before the full board of directors at an HOA meeting. The HOA can order payment of a one-time $50 fine or up to $10 a day for up to 90 days.

WHY THE BAN?

The HOA rules spell out only the signs that are allowed, including those indicating a sale or an open house.

HOA leaders say extending the rule to campaign signs could risk permitting any organization or political group to place posters in the community.

"It's a way to not allow subversive political motives to get into our neighborhood," said Henry Hudson, HOA vice president. "The unfortunate side effect is that there is a lot of good, positive organizations that would love to get their signs up in somebody's yard."

Hudson said political signs "detract from the neighborhood. As an HOA, we all decided that's not appropriate."

He pointed to an incident last year in which a neighbor planted a swastika poster in his yard.

Had the HOA rules not been in place "that guy could leave that up there and basically intimidate people," Hudson said. "It was very offensive to people."

But the Stefls insist an exception should be made for political campaign signs.

They plan to keep their signs up until the fall elections, despite possible fines.

"I see it as an expression of activism. I am showing to my neighbors who I stand for, who I am," Heather Stefl said.

Kafia Hosh: 540/735-1977
Email: khosh@freelancestar.com




State law prohibits localities from banning the display of campaign signs on private property. In 2004, the Virginia attorney general ruled that the law does not apply to private homeowners associations.

To view the St. George's Estates Homeowners Association rules, visit stgeorgesestates.org.




Copyright 2009 The Free Lance-Star Publishing Company.