Hey everyone, So I went home for lunch to walk my dogs today and found a lovely note on my door. The small Buddha statue on my front stoop has been found in violation of my HOA's bylaws and they are threatening to fine me if I don't remove it. I was pretty steamed, but I've been looking around, and this seems to be a fairly common problem: http://religion.blogs.cnn.com/2012/...-religious-symbol-on-her-door/comment-page-4/ http://www.njlawblog.com/2011/09/ar...s-symbols-andor-flags-from-their-association/ http://articles.sun-sentinel.com/2004-01-15/news/0401150127_1_hindus-flags-symbols There are also some stories about condo associations, but legally, condo associations own the outside of those buildings, and condo owners only own the inside, so I can see the argument there. So, I thought I'd at least look at the bright side and use this as an opportunity for discussion. What would you do in a situation like this? Do you believe that the 1st amendment protects your right to religious displays on your own property, or can/should HOAs set up rules and regulations that restrict them? Have you come across similar issues? I'll post an image later of the oh-so-offensive statue, which is about the size of a Big Gulp.
I am not clear if the HOA issue the OP faces is because they have a statue or because the statue is a religious one. I have known people who got in battles and lost with their HOA's over things like garden gnomes and other common lawn/garden stuff visible for the road in their yard.
HOA's are worthless and shouldn't exist anyway. Did they buy your home for you? No? Then they should (*)(*)(*)(*) off.
The letter I received specifically calls out the subsection of the HOA guidelines that covers religious symbols. Within a certain size, they are allowed, but they can't be lit at night and they can't be "offensive." I've noticed my neighbor's Ganesha statue, which wasn't lit and was within the size requirements, was also gone this morning. Two Quan Yin statues are still up, but whoever complained probably didn't know what they are. No Jesus, Mary or saint statues have been taken down from what I can tell, but several violate the size rule, and many are lit at night.
Home Owner Association. You sometimes have to join one when you buy a home in certain neighborhoods, and they often have rules about what you can plant, how tall your grass can be, what color you can paint your house, etc.
HOA's in my opinion are some of the worst collections of mental illness I've seen outside of psychiatric hospitals and the homeless. Talk about a group of people with absolutely nothing better to do than make arbitrary rules and police people's front porch statues. I will never ever live in a community that has one. I'd rather burn my house down.
Float like a leaf on the water overcoming every obstacle in your life's path, Not as a battleship stopping to confront every issue you may cross. That's what Buddha would do. ��
Then comply with the rules as they may affect you and enforce the rules as they may be violated by others. Perhaps the ACLU will provide you a lawyer and make them pay for it if the issue is whether of not Your religious symbol is deemed "offensive" just because it is not Christian.
There is that old Zen koan: "If you find the Buddha on the road, kill him." And the statue was visible from the road . . . you know, if the monks from my temple lived anywhere nearby, I'd be tempted to think they were pulling one over on me.
1) Find the name of an attorney who has won a case against your HOA and spend a little for FREEDOM. I did that when some liars tried to deny my property view rights because of a powerful neighbor below. Otherwise, find a carnivorous, steak tartar eating, older attorney. The young ones are ineffectual & fools in my experience! Cost as much. 1a) HOA rules must be reasonable and enforced with consistency or the HOA looses. My HOA required wood fences, I put up the first vinyl fence in the neighborhood. Oh yes they scolded me but could do nothing about it because the ban was unreasonable. Today Vinyl Fencing is on the PreApproved List. See below. 2) Get on the Board. I did as an outsider and created a "PreApproved List" for fence, paint, and roofing materials so permission was not asked and paid for to paint your house white, again. BTW could you upload an image of your statue. How tall is it? 20 feet tall? Moi r > g Across an immense, unguarded, ethereal border, Canadians, cool and unsympathetic, regard our America with envious eyes and slowly and surely draw their plans against us.
Are non-religious statues also banned? - - - Updated - - - The terms of the HOA are in the purchase agreement to buy the house. It's called a Covenant restriction. If you don't like it, don't buy in the neighborhood.
Home Owner's Association which is associated with a covenant restriction. In many subdivisions, there is a covenant restriction set up to restrict certain practices by home owners (things like house color, garden restrictions, whether or not you are allowed to have a RV or trailered boat in your driveway, etc.) This is done because without them, many cities have almost no restrictions. In my area, I would never buy a house that didn't have a covenant restriction, primarily due to a lack of zoning enforcement. Neighborhoods here without restrictions have things like house trailers in their front yards, etc. - - - Updated - - - Well, what is the specified largest size? How big is yours? I would take mine down, and then complain about every statue that doesn't meet the criteria. Sue if they refuse to do anything about Christian statues. That said, as a Christian with Saint statues in my backyard, I wouldn't put one in my front yard. I wouldn't want them to possibly get vandalized. - - - Updated - - - Just depends on the particular people involved. My neighborhood is pretty mellow about it. Mainly they are concerned with keeping your lawn reasonable, and that you don't park your RV on the street for more than a couple of weeks. Around here, I wouldn't live in a neighborhood without one--the HOAless neighborhoods are pretty trashy.
Not specifically, unless they are deemed offensive. My statue is about the size of a Big Gulp. Largest size allowed is three feet.
Thanks yardmeat.. These associations were once set up in brand new estates here in Australia. They didn't last very long for the simple reason, Australians just don't like being told what to do. Developers were also against these association for the simple reason they inhibited sales of properties. We do have new developments where houses are quite similar but that's mainly due to house design trends. Australia is very strict with what you can do with heritage listed properties and how much one can alter the original design. I condone this. I'd tell the HOA to stick their heads up a woolly bear's bum! In Australia we have the Property Owners Association of Australia which is more involved with the rights of property owners like land rates (like a land tax) for example. They are a pretty powerful lobby group for local government.
These 'rules' are different from local government development application laws? They sound a bit dictatorial to me. In many suburbs in Australia there are restrictions to the size of vehicle you can park in the street or on your property. For example in my suburb you can't park anything like an 18 wheeler in the street, and rightly so. This is to address traffic congestion. Gardens are up to the house owner but local council does recommend native trees and shrubs which is fair enough. The council will also give the house owner trees and shrubs to plant on the front verge of your property. These are always native trees and shrubs, and it's part of local governments 'greening' programme of residential areas.
If it's against the HOA guidelines take it down and get one within the guidelines. If it's not against the guidelines, leave it. If others are in violation and are not taking theirs down, then I wouldn't mine either.
HOA's are private organizations. The 1st Amendment does not apply to them. Did you sign a contract with the HOA in your neighborhood agreeing to abide by its rules when you bought your house? If yes, then you are in violation of a contract you signed.
The way its handled is to send them a letter requesting them to state the clause and any reason(s) with associated explanation(s) that they want you to take it down. People should always be nice and give them 30 days to respond. If they do not respond or if they respond insufficiently following it with a notice of intent to litigate usually gets their attention. Oh and this is not legal advice, and is strictly for educational pupropses only
Well, they aren't government rules, they are based on contracts. To buy in those neighborhoods, you have to agree to follow certain rules. If you don't want to follow the rules, buy in another neighborhood. In my area, neighborhoods without HOAs are out of control. My HOA is pretty mellow. Basically, mow your lawn when it gets too high, and don't leave an RV in front of the house for weeks at a time, and you're ok.
Well, yes and no. A non-religious organization can't discriminate based on religion. If they let a 2' statue of St. Francis stay in the front yard, they have to allow a 2' statue of Buddha in the front yard. Well, he is claiming that his statue meets the guidelines, in which case he isn't in violation of the contract. I think he needs to start with a stern lawyer letter to the HOA, followed up by a lawsuit if they persist in breaking their part of the contract. If, as he says, 3' religious (or other) statues are allowed, then his should be allowed.
