Legal Question in Real Estate Law in Kentucky

Sign In Yard: Free Speech

Hire a lawyer licensed in your state for correct legal advice.

Read the Covenants of the Homeowner's Association. Restrictions on 1st Amend speech may be made with regard to Time, Place and Manner. The homeowner's association cannot, really, restrict your right to free speech. It can only prevent you from posting gaudy signs in your front yard. Suppose the sign was not a protest, but was rather an advertisment for your home based business. "Poodle Hair Cuts $40." Can they prohibit that sign. Absolutely! It matters not that the sign carries first amendment protest slogans, it may still be in violation of the covenants to live in that neighborhood -- such as painting your house purple, your roof green and your sidewalk red -- all subject to valid prohabition.

You are welcome to protest the homeowners association in lots of different ways. You may run for Chairman of the Organization and rewrite the stupid laws you do not like -- subject to homeowner referendum. You may take out ads in the newspaper and challenge their policys. You may run for the board. You may canvas local homeowners and seek votes to support your cause.

I have been involved as a lawyer in a number of these campaigns -- all uniquely unprofitable -- and the one common theme of most homeowner's associations is apethy. They don't want to pay their dues and they don't want to do anything. But, when someone paints a house orange in the subdivision, the whole HO goes crazy.

They are usually very fluid organizations.

If your ideas have merit and would benefit the community, the neighbors with back you.

If you are an troublemaker whose ideas are well off center, the HO will eventually hire someone like me to contest your challenges in court.

Good Luck