Yard Signs... Innocent Displays or Potential Violations?
Question:
I live in South Riding, VA. Two weeks ago I put up 2 signs in my yard and I was unaware of the HOA rules of not displaying yard signs. Two days later I got a letter in the mail asking that I remove my signs. It said I had 5 days to do so. So I did not take them down immediately, I was going to wait the 5 days before I removed them. Over the next couple days I got a letter in the mail from "The Neighborhood Watch" stating my signs were “Offensive” and I must remove them immediately! The next night a woman drove very fast into my yard almost hitting me with her Yukon and she started screaming foul names and cursing at me. I almost called the cops! I have had others scream things out their car windows. Because of what happened I refuse to take my signs down. I will not be bullied to take down my signs. Needless to say, I received another letter from the HOA requesting that I take my signs down and that I have until the 23rd to do so.
Here is my question... Someone told me that the VA Law is that you have 30 days from the date of their first letter to respond to the HOA requests and they cannot legally do anything to you until then. Is that true? Or, if the fine of $50 is imposed, once I pay the fine can I keep them up?
What started as an innocent display of yard signs has turned into so much more for me. I would really like some input!
Thanks!
Answer:
With regards to your first question as to how long the Association must give you before you have to take your signs down, this is not spelled out in the Virginia Code, but your particular Association's governing documents may indicate a specific number of days by which you must comply. There is nothing I am aware of in the Code to prevent the Association from demanding immediate compliance.
Assuming that you are in violation of your Association's rules or covenants (spite of rude neighbors is not a recognizable defense), then the Association may, if the governing documents allow, begin to levy fines against you. Before this can be done, a violation hearing must be called, for which you must be given 14 days prior notice and the opportunity to provide a defense to your actions. The particulars of this process are detailed in Virginia Code Section 55-513(B) [the comparable section of the Code which applies to condominiums is 55-79.80:2].
If levying fines do not cause you to come into compliance, then the Association might seek an injunction to force you to remove the signs. If the court becomes involved and issues an order for you to take down the signs, then your refusal to comply can lead to more serious consequences, since you would then be violating a court order. It is also important to point out that if you are found to be legally in the wrong on this dispute, you may very well end up paying for the legal bills incurred by the Association on this matter.
Lastly, depending on the wording of your governing documents, the Association may have the authority to enter onto your property to remove the signs and then charge the cost of such removal to you, all without being guilty of trespass.