What to do if we recently installed an alarm system in our condo unit and put out 2 yard signs outside of our unit to that effect but have been asked to remove then?

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What to do if we recently installed an alarm system in our condo unit and put out 2 yard signs outside of our unit to that effect but have been asked to remove then?

The purpose of the signs is to act as the first line of deterrent against home invaders and also to identify the property to the security service for daily patrol service and visits in the case of alarm activations. The HOA president requested us to remove the signs by quoting the following CC&R clause: “No signs shall be displayed to the public view on any Units or on any portion of the Project except such signs as are approved by the Board or committee appointed by the Board”. Is it legal for the the HOA to disallow us an avenue to protect our home? If our house end of being burglarized after removing the sign, can we sue the Board?

Asked on April 20, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your by laws state as you have stated and you agreed to them on purchase and did not submit the sign for approval then they can ask you to take it down.  Will the HOA be responsible if you are burglarized?  I highly doubt that a court would go that far under the law.  I could see the alarm company being held in if they messed up something and were found to be negligent but only then.  Maybe try to speak with the HOA and see what middle ground you can find.  Good luck.


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