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.
