Legal Question in Civil Rights Law in New York

''Banning of For Sale Signs''

I current live in a town house community. The land that is in firont of my home is owned by myself.

I want to place a for sale sign on this lawn. However, the home owners association has made it perfectly clear that these signs are in violation of the home owners associations (HOA) rules.

I believe that there was a US Supreme Court ruling on this particular issue. But, I am unable to obtain this ruling, and opinion.

Can you please guide me into the right area for this so I may present this to the HOA.

Thank you.


Asked on 8/10/01, 1:39 pm

1 Answer from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: ''Banning of For Sale Signs''

Unless your townhouse community is different from all of the other ones in NYS, you don't actually own the land in front of your unit. What you own is an "undivided" percentage interest in the entire common areas. Check your deed.

If you are looking for a Supreme Court case, I would send you to the Cornell website. I do not know the URL off hand, but it is called the "Legal Information Institute." They have many Supreme Court cases, and their database is searchable.

Unfortunately, unless your HOA and your ownership interest is much different than comparable town house communities in NYS, you probably have no recourse except to lobby to change the bylaws which govern you.

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Answered on 8/13/01, 8:59 am


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