Friday, February 28, 2014
To Whom It May Concern;
We have been residents of "Lake Ashton" since December 19, 2003. We were aware of the "Covenants, Conditions and Restrictions that were presented with and during the "closing" process. Section 5.21 (signs) prohibits ALL signs from being displayed or erected anywhere within the "community". Given the general abrasive environment that appears to exist in “restricted communities” we decided to sell our home. Now comes the problem; the enforcement of Section 5.21 has been “selective and arbitrary”, at best, until we put a “for sale by owner” sign up INSIDE our garage. Approximately (9) homeowners had similar signs, yet myself and one other was singled out and served with Summons.
I don’t remember signing away my “Constitutional Rights” as a condition for living in “Lake Ashton”. The U.S. “Supreme Court” (1977 & 1995) rendered an opinion that “banning residential signs violates the “First Amendment”. It also addressed the proliferation of signs, visual clutter and stated that “one sign per house does not threaten visual clutter. We are confident that more temperate measures could in large part satisfy the regulatory needs without harm to the First Amendment rights of citizens. As currently framed, however, this ban abridges those rights”.
If I am required to remove all my signs from my garage just how far into the interior is considered “in compliance”? Shouldn’t there be some limits on just how far a developer can go when promulgating any and all covenants, conditions and restrictions, which clearly diminish our basic rights? Individual liberties in the home have long been a part of our culture and our law(s). I will appreciate any advise or assistance that you may render.