The covenant with the HOA forbids signage from residents.
The Burrs position is that they are being unfairly discriminated against. In their neighborhood are signs of all kinds on display: signs of support for various college athletic teams, birth announcement signs, alarm system signs, welcome flags, decorative flags, and holiday signs. The Burrs, in fact, have had other signs on display in the past without incident:
For the each 5 years we have lived here we have had (as many others have had) a "sign in view of the public" in our yard. Specifically we have had "Welcome Y'all" , "The Burr's established 1990", and "Home of a Parkway Panther." signs. To our knowledge, none of these have been considered "infractions", as they have never been addressed until now that we have hung our banner for our Marine Corps son.
So what's the difference? Mrs. Burr writes:
We received a letter of request of removal from the HOA back in February. At this time, we respectfully sent a letter of response asking for a review of our covenants and to meet with the board to discuss the matter. Our letter was not received. We then mailed a certified copy of the letter to ensure it's delivery and placed a phone call to the HOA board to inform them that it had been sent. We were told by the HOA President that she would have the post office box checked the following day. Our certified letter was returned "unclaimed" two weeks later. In the mean time, the HOA board sent an Active Duty Air Force Officer to our home uninvited to make a personal visit to us to talk about the matter. During our conversation, this gentleman asked us what we would think if someone wanted to hang an anti-war sign in our neighborhood. Prior to his visit, we tried hard not to think the issue was the sign's content. However, after his question, unfortunately, it made it difficult to continue to think that way.
What in the world is this country coming to? Of course a Homeowner's Association has the right to write their own rules and one agrees to those rules when they move in. In the Burr's case, they did not receive a copy of those rules until after closing on their home, however, it probably wouldn't have made any difference. Who would ever imagine that anyone could object to a sign of support for one of our soldiers?
Does the Air Force officer who visited them intend to insinuate that someone in the neighborhood was offended by their sign? In what capacity was this visit, anyway?
Mrs. Burr says she and her husband have received nothing but support from their neighbors and she does not want to cast her neighborhood in a negative light because of this controversy. Their only conflict seems to be with the HOA.
An odd twist to the story is that the president of the HOA is T. K. Mastny, the president of the Republican Women of Bossier. The RWB is very active in its support of our military. My question is why couldn't this somehow have been resolved privately and peaceably? It sounds like the Burrs have tried - they requested a meeting with the board and were ignored.
Yet again, America gets a glimpse of the incremental erosion of freedom! As a veteran of the Vietnam Era myself, and as a mother of two Marines who have already bled for this country, I am appauled that we have come to this point in our history. There is no greater sacrifice than military service. Any attempt to diminish it or those who serve to keep our country free is simply inexcusable. Both of my sons have faced death, lost friends to sniper bullets, and watched as their fellow brothers lay bleeding and limbless after IED explosions. So many have given all so that we could live, worship freely, and pursue the great American dream. How dare any one person, neighborhood association, or lawmaker take away our right to honor these amazing heroes. I weep for my country because I hardly recognize her anymore. May God continue to keep his hands on my beloved homeland.
At this point, the Burrs are continuing to fight for their right to display their banner of support for their son Corey. They are anticipating expensive legal fees in the process. What they really want is an explanation as to why some signs are allowed and others are not. What, exactly, is it about their sign that singles them out?
If you want to weigh with verbal support, you can email the Homeowners Association through their attorney Geoff Westmoreland or you can leave a comment for the Burrs here.
Update: Jodi Burr informs me that as a result of the KTBS story they received two offers of pro-bono representation from local attorneys. As of now, their attorney has filed a TRO to keep things status quo until the case can be heard by the court.
She continues to insist that they are not out to battle the HOA just for a battle; they attempted to contact the HOA in February when this issue first came up in an attempt to clarify the language of the covenant, however the HOA did not respond to their first letter or their certified follow-up letter. All they really wanted from the outset was for the rules to be enforced consistently. As it is now, it only appears that the Burrs are being singled out.
Regardless of the covenant with the HOA, it seems to me that this is a First Amendment issue. Would an agreement with the HOA override the First Amendment?
Update 2: Linked at Right Nation; thank you!
Linked at The Evil Conservative - thanks!
Linked at My Bossier - thanks, Jim!
Thanks to The Dead Pelican for the link.
Thanks to Legal Insurrection for Blog of the Day status.
21 comments:
I support the family and their son - but the HOA is there to help enforce the covenants. Regardless of when they received the covenants - that's what it is. It's not even the current HOA Board's fault most likely because they probably didn't write the current rules. If, however, a neighbor comes and lodges a complaint regarding infraction, the HOA isn't allowed to ignore it: they have to follow the complaint through. Again - I support the family and their son - but I have to see it from the HOA side. (no worries - I'm not on their HOA...I"m a Haughton resident)
Understandable Clint, but why would the HOA ignore their request for a meeting yet give their attention to someone who complained. Seems like a rude way to deal with the situation. Maybe they just don't want ANY signs in yards past a certain amount of time, but they should at least tell the family face-to-face.
The first time the HOA allowed a "go panthers" sign they voided the whole issue.
It's good people are letting the public know about this.
As to the board acting like cowards they are cowards. They ran for a seat on that board to get to know their neighbors and make sure the yards are mowed. They didn't want to actually be representatives, which they are.
Completely agree when re-reading this post that not meeting with the family when they replied - definitely appropriately via a letter then certified letter - was poor form.
This is one of many reasons to consider the freedoms one voluntarily gives up when purchasing a home in a neighborhood covered by a Homeowner's Association.
The time to think about these things is before one buys. If enough people were willing to tell the Realtor "No HOAs", and turn their back on any place in such a development, these organizations would not have the authority they have.
I agree with Charlene here: they do not "have" to enforce as strenuously or by these unprofessional means. Good leadership would have been enforcing all along, or would have put a rule change up for a vote. The HOA is like any other small organization: probably made up of one or two strong members and a whole bunch of shy folks unwilling to rock the boat who will follow along.
Excellent post, Pat. And, excellent comments.
I have lived with the overlords of a HOA before. I'm not casting aspersions here, but I've seen too many folks get a little authority, and not quite know what to do with it.
I'm not saying that's what's happening here. But...what's good for the goose is good for the gander. Charlene is right. The very first sign the HOA allowed screwed the pooch.
I can tell you one dang thing. I've got a son leaving for Iraq in June, and another likely to be called up to Afghanistan late this year. Those parents don't need this kind of crap to deal with.
Keep your sign. Hell, get a bigger one...and just DARE somebody to try to remove it.
HOAs are little pockets of communism where one neighbor thinks he or she has the right to tell another neighbor what he or she can or cannot do with his or her property.
Rather than trying to solve the real problems in the world, HOAs like The Gardens of Southgate, is full of petty people worrying about petty issues which coincidentally mimic the uniformity and discouragement of individuality which the communist societies of China and USSR imposed on their people.
Rather than letting everyone post their own views on signs, the HOA sought to silence all. Is that really what this country is about?
While I agree with your post, this is not a First Amendment issue. The First Amendment of the U.S. Constitution is a prohibition against CONGRESS, not the State or private entities.
Let's read our Constitution before we insinuate "rights" being infringed.
@LL
I agree with you that the Constitution only applies to the Federal Government, but from whom are these rights granted? These rights are endowed by our Creator and recognized by our Federal and State Governments in their respective constitutions.
What greater authority than those does an HOA have to prohibit the free exercise of God-given rights fully recognized by greater and more powerful authorities?
Thanks Pat for supporting the veterans and family of veterans.
Ashamed? Bringing political affiliation into this is what I opinion to be shameful. This has nothing to do with freedom and everything to do with following HOA rules. No one cares what the sign/ banner says. If the sign/banner is blank, it is still breaking the rules.
I live in The Gardens. I follow the rules set by the HOA. It is interesting to see new neighbors move in. On my street, I notice school pride signs go up almost immediately. Our street leader walks down and kindly informs our new neighbors of the HOA rules with booklet. Our street has no signs, with the exception of “For Sale” or Street signs. Everyone should be asked to remove signs purposely set in yards. If you choose to leave signs in your yard, then you are choosing to break the rules that you chose to follow by moving into a community like The Gardens.
I understand from the above article that the Burr family is getting pro-bono representation to fight our HOA. That is just fantastic! But the cost of our HOA lawyer’s fee will just be divided amongst our yearly fee and we, The Gardens, will have to pay. So the Burrs and all of their Garden’s neighbors will have to pay, just to be clear. Or it will be deducted from our reserve that will need to be replenished somehow….
The article also mentions that the Burrs are continuing to fight to display their banner/sign. The banner/sign has not been removed. It is still being displayed. Rule still being broken. Actually, at night there is a spotlight that shines brightly on the banner/sign so you can’t miss it. Last summer, our community received a letter asking everyone to be courteous with our outside lighting during sleep hours.
The one person that I do feel for is the President of our HOA. Who are any of you to question her pride or her support in any of these things mentioned in article?
All of this reminds me of something my father used to say: Just because others are doing it does not mean you can.
Remove the banner/sign. Follow the rules.
Thank you, Pat, for bringing attention to this important issue.
Perhaps all of our energy should be directed toward helping this family rather than tormenting them with this issue. Showing Christian love for the Burr family seems a more worthy life endeavor than debating contractual nonsense.
When my sons are deployed, I cringe with every middle-of-the-night phone call. How many times I have listened with a broken heart as they each shared horrific scenes of death. Just this week, my son called to share the loss of a fellow brother. This seasoned Marine had a wife he loved. No doubt, she prayed for his safe return every night and loved him with all her heart. Now she must face life without him.
There is little a parent or wife can do to honor their deployed loved one. Sending boxes from home, sharing their heroes lives with others in the community, clinging to God in prayer during their absence - all these things give us an opportunity to show our love and appreciation for their sacrifice.
I pray all of us will choose the moral ground on this issue by surrounding our military families with love and support.
What the hell is an "active duty Air Force officer' doing showing up like that and asking such a stupid question? Who gives a crap about an anti-war sign? If an active officer is anti-war he needs to get out of the uniform.
The Constitution has a Bill of Rights that applies to citizens of this country.
Amendment One:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
There are no neighborhood boundaries that preclude the rights of the people guaranteed by the Constitution.
I think Mathnerd hit it spot on. There's rules. You know you're moving into an HOA neighborhood. I also know most HOA's are voted for by the neighbors to help enforce the rules (all free work too). The HOA did need to meet with the family as requested, yes, but the rules are the rules. The neighborhood can get together, though, and make rules to their bylaws if it's that big of a deal.
If the legal fees to enforce the rules are such a burden, then maybe those rules should be changed.
I understand the goal of an HOA is to keep neighborhoods clean, safe, and property values up. Infringing on something as basic and fundamental as the right of Free Speech (created by God, not the Constitution), is crossing the line.
So what if someone wanted to put an anti-war sign in their front yard. Is that right no less sacred than posting the Burr's sign? Is that not the very right for which the Burr's son fights?
It seems to me that when the new neighbors arrive and post their own signs, that maybe a majority in Gardens of Southgate would like to change the rules to allow signage. I certainly encourage them to do so.
I moved into this community because of these rules. I like the fact that I will not know my neighbors’ election preferences, children’s after school activities, or the families’ favorite football team indicated by yard signs. I also like our rule that you cannot have a boat or sporting type vehicle parked visibly over night. I moved specifically into The Gardens for these reasons. I would assume the majority of my neighbors did as well. Changing our rules is not the solution. The Burrs and anyone else need to follow the rules. KTBS exaggerated a bit much to the story by saying that the Burrs were singled out by the HOA, they or the street leader ask everyone. The Burr’s are making themselves into this big deal by contacting this and that person to “fight” the HOA. If you drive through our community you will see very few people with signs. And funny thing, most signs are on the Burrs’ street. I guess they are the rebel rousers. This is the footage that KTBS filmed; they didn’t have to go far.
I would like to add that because our community is just south of the base we have 65%-75% military that live in The Gardens.
I moved into this community because of these rules. I like the fact that I will not know my neighbors’ election preferences, children’s after school activities, or the families’ favorite football team, etc indicated by yard signs. I also like our rule that you cannot have an old clunker, a boat, or sporting type vehicle parked visibly over night. I moved specifically into The Gardens for these reasons. I would assume the majority of my neighbors did as well. Changing our rules is not the solution. The Burrs and anyone else need to follow the rules. KTBS exaggerated a bit much to the story by saying that the Burrs were singled out by the HOA, they or the street leader ask everyone. The Burr’s are making themselves into this big deal by contacting this and that person to “fight” the HOA. If you drive through our community you will see very few people with signs. And funny thing, most signs are on the Burrs’ street. I guess they are the rebel rousers. This is the footage that KTBS filmed; they didn’t have to go far.
I would like to add that because our community is just south of the base we have 65%-75% military that live in The Gardens.
I feel these upstanding, picky people that want to live without knowing the joy another family has of school pride, military pride should move out to the country, rope themselves in, put up a high fence, they have already excluded their friendship to their neighbors, which I feel, from the comment, they do not want in the first place. When I was growing up it was a delight to see these tributes, to have that next door neighbor. Where did these people go. Yes I've had two sons and a step daughter in the Marines, but it wouldn't make any difference. You make me feel so lonley, are there no friends anymore?
mathnerd has a point. What about the freedom of people who want to live in an antiseptic, rules-oriented neighborhood? I'm honestly not being sarcastic. While this would not be the right neighborhood for me, there ARE people who do want to live in such a place, otherwise HOAs would be non-existent.
Now, if this was a city neighborhood and ordinance, I would totally take the side of the family here. But it's not; it's a a private development organized by a private board of homeowners. The people who formed it - and presumably, most of the people who moved to it - wanted to live somewhere with certain restrictions, regardless of how evenly or not they are enforced.
If federal law can't trump the United States Constitution, how can any HOA assume or ever think that any given rule it has established overrule the First Amendment?
If any of the board members believe they can take a position in which they think they can overrule the Constitution, they need to think again. Likewise they need to consider who our military is defending.
The posting of the sign in support of a family member serving in harm's way is to be respected, as it reflects the appreciation and homage to the individual serving their country.
"We have learned by sad experience that it is the anature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion." Joseph Smith, 20 March 1839
The AF Officer was out of line going in uniform to the family. His CO should take action on this. We are a Military family and know the rules...or have they changed? I know TK personally and she is 100% for our Military...but she also reads the By-Laws and makes sure even though she
disagrees will follow the rules...or take it to the board for possible changes.
Post a Comment