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> > We're not talking about a shared wall, we're talking about a guy
> hanging up a sign in property that he bought on his own balcony.
>
> If it is on the outside of the condo, in virtually every state this
> would be a common-property wall.
>
> > They shouldn't. They should be able to do with their property as they
> see fit.
>
> Within the constraints of any restrictions that were part of the deed or
> contract that they signed when they bought their property.
My argument is that those constraints are a violation of an
individual's property rights. You cannot just write up anything in CCR
and say that they're legal. There's law that takes precedence over a
CCR. To take it to the extreme, for example, you cannot write into a
CCR that it's OK to murder within the condo limits, because we have a
Constitutional right to life. Likewise, you shouldn't be able to tell
me I cannot express my freedom of speech my hanging a sign (whatever it
may say) because I've first amendment rights. The Constitution trumps
all.
> > Their property rights end where mine begin and vice versa. Me hanging
> a sign on my property in no way violates someone elses property rights.
>
> Unless you agreed when you moved in not to hang any signs. In that case
> the other members of the association have the right to be free of the
> visual clutter associated with your sign.
They may have the power to do so, but they certainly do not have the
right.
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Re: CC&R violation
