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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Can a Board of Trustees in a HOmeowners association restrict

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Can a Board of Trustees in a HOmeowners association restrict the number of sales signs on lawns. We are 62 homes owned by homeowners house and entire lot. Not condo's.
The Board wants to restrict the number of same signs at any given time 6 on the lawns.

there have been several deaths and illnesses in the small Association, The Board wants to have the 7th house for sale and the previous 6 only have sale signs in their fromt windows.
Is this legal. Nothing in the C&R abut this.
Thank you for your question. Please permit me to assist you with your concerns. I happen to be a licensed New Jersey professional.

You stated that there is nothing in the C & Rs over this. Does any homeowner who is seeking to sell the property has to first obtain permission from the Board or can the homeowner place the property on sale without any notice or permission?
Customer: replied 3 years ago.

Originally yes, however several years ago when I was Secretary 3 homes went on the market without a letter to me requesting permission to put a sale sign on the lawn. When I asked the President she told me "that was changed before I came on board". Since then no home owner has asked permission to place a sale sige on the lawn. That is in the last 5 years.

Thank you for your follow-up, Agnes.

In that case if that condition was 'waived' or 'changed', the HOA is no longer able to deny or approve home sales. By definition it also means that if the bylaws or the CC &Rs have nothing posted pertaining to these limitations, signs are likewise able to be placed on the property. My answer would differ if permission was required but if not, the HOA cannot interfere with th homeowner's right to utilize his property and attempt to sell it. While an HOA is 'self-controlling' and put in certain limitations, if those limitations are not in writing, the HOA cannot control the behavior of the homeowners based on such behavior. The signs would be permitted, and such a decision would be upheld even by the most deferential HOA judge.

Good luck.

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