MONTGOMERY – A Cape Conroe man upset about neighborhood restrictions on political signs was pleased to learn that Texas law is on his side.
All Ervin Wiese wanted to do was put a small sign supporting the re-election of Gov. Rick Perry in his front yard – but he said Cape Conroe Property Owners Association officials confronted him and demanded he remove it with threats of fines if he did not comply.
“There’s supposed to be freedom of speech in this country,” he said. “All I wanted was one small sign to let folks know where I stand.”
Equally frustrating to Wiese is the fact that streets in the subdivision are routinely lined with garage sale signs – also a violation of the sign ordinance. Cape Conroe POA vice president Chester Parzyck would not speak on the record and directed comment to the group’s attorney.
“The subdivision does have a restriction on all types of signs except ‘for sale’ signs,” attorney Jason Bone said. “All other signs are restricted.”
The POA does not have the power to impose fines for breaking subdivision rules, Bone said. In the event of a violation, the subdivision has a series of steps that are followed to bring a homeowner into compliance. If this cannot be accomplished, the situation could lead to the filing of a suit – but the matter is not subject to arbitrary fines by POA officials, Bone said.
That may be, but the subdivision does not have the legal right to prevent a homeowner from placing a sign supporting a political candidate or ballot issue in the front yard, according to Section 202.009 of the Texas Property Code.
The measure, passed by the Texas Legislature in 2005, allows for reasonable limits on size, scope and materials, but prevents homeowners associations from passing regulations that would stop residents from displaying at least one political sign up to 90 days prior to an election.
“It’s a matter of what’s right,” Wiese said. “I’m a veteran; my son is a veteran. That’s what we wore the uniform for.”
Now that he knows Texas law supports his right to display a political sign, Wiese has a Perry sign prominently displayed in his front yard and is no longer worried about intimidating actions and threats of fines from subdivision officials.
“It’s unfortunate a small group of people try to ride roughshod over people,” he said. “I’m just glad we have the freedom we’re supposed to have.”
Brad Meyer can be reached at bmeyer@hcnonline.com.
freewillchoice posted at 11:23 am on Mon, Oct 25, 2010.
You can harass me all you want……I bug a lot of you. You will skip over other opposing views just to attack me! I must be doing something right. Have a great evening!
freewillchoice posted at 11:17 am on Mon, Oct 25, 2010.
The Patriot Act trampled the First Amendment, which declared our rights to freedom of expression, speech and information that is the reason I mentioned it. Most people move to communities with restrictions for this very reason. This exception exists only because politicians hope to benefit. They don't care about your rights.
Romeisburning posted at 11:00 am on Mon, Oct 25, 2010.
Oh Freewilly, Melvin just put it in your face..............Now you will respond by A. Quoting Thomas Jefferson B. Referencing the Patriot Act (thats funny)C. Salivating over Saddle bags Hillary.D. Aborting a Child......and the winner is.... ding ding ding.......
MELVINDOUGLAS posted at 10:35 am on Mon, Oct 25, 2010.
FREEWILL1) on or after the 90th day before the date of the election to which the sign relates; or (2) before the 10th day after that election dateTHIS IS WHEN THE POA CAN REMOVE THE SIGN
MELVINDOUGLAS posted at 10:34 am on Mon, Oct 25, 2010.
FREEWILLTHIS IS WHEN THE POA CAN REMOVE THE SIGN
MELVINDOUGLAS posted at 10:32 am on Mon, Oct 25, 2010.
FREEWILL YOU DIDNT PRINT ALL OF THE LAW THE EXCEPTIONS , WHICH DONT INCLUDE POLITICAL SIGNS(c) This section does not prohibit the enforcement or adoption of a covenant that prohibits a sign that: (1) contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component; (2) is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object; (3) includes the painting of architectural surfaces; (4) threatens the public health or safety; (5) is larger than four feet by six feet; (6) violates a law; (7) contains language, graphics, or any display that would be offensive to the ordinary person; or (8) is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists. (d) A property owners' association may remove a sign displayed in violation of a restrictive covenant permitted by this section.
Romeisburning posted at 10:16 am on Mon, Oct 25, 2010.
There is actually a reference to the Patriot Act in the comment section.......the Patriot act..... LOL LOL HAHAHAHAHAHAHA. What a nutcase....... The article is on a sign in a yard as the courier had no other story, and a loon references the Patriot act.......... HAHAHAHAWhere are the little green men..... HAHAHAHAHA
freewillchoice posted at 8:36 am on Mon, Oct 25, 2010.
Vodkacharlie,True. The POA may not have the legal right to fine him for breaking subdivision rules, nor is it worth a legal battle, but it is still a subdivision rule. GOT IT! I would cooperate here. This isn't a battle worth fighting. This is bitter push and a wasted battle, and nothing more. I'm for no political signs! If everyone did it.....it starts looking junky. He would be ticked if everyone around him stuck a White sign in their yard. Put a damn sticker on your car instead of angering the POA where you have to live! Noted law you didn’t include:A property owners' association may remove a sign Displayed in violation of a restrictive covenant permitted by this Section.
jeremah02 posted at 6:58 am on Mon, Oct 25, 2010.
seriously who cares? One should of thought about that before moving there one thinks. You knew the restrictions before hand, now you are complaing about the rules??And why does everyone always throw the "I'm a veteran of so and so war" in their arguments?? I understand that service to your country is great and myself coming from a military family but i don't throw it around hoping to get a free ride and meal because of it.
MELVINDOUGLAS posted at 6:51 am on Mon, Oct 25, 2010.
HOA ALL OF THEM HAVE TOO MUCH POWER , IT ALL NEEDS TO BE TAKEN AWAY
BOP posted at 5:22 am on Mon, Oct 25, 2010.
Nothing looks trashier than a bunch of signs planted in someone's yard. And while it may indeed be legal to post this eyesores, probably not a smart move to engage your HOA in any battle. They may lose this one but will likely win the war. Wiese will now have to contend with his every move being watched closely. I doubt he'll agree that it was worth it in a few months. Some folks learn the hard way.
vodkacharlie posted at 5:37 pm on Sun, Oct 24, 2010.
mraym: How should I feel about the Bill White sign in my neighbors yard?
vodkacharlie posted at 5:34 pm on Sun, Oct 24, 2010.
You are incorrect freewillchoice. Read the law:§ 202.009. REGULATION OF DISPLAY OF POLITICAL SIGNS. (a) Except as otherwise provided by this section, a property owners' association may not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner's property one or more signs advertising a political candidate or ballot item for an election.Got it? You probably don't. Please continue to ramble.
lem posted at 5:32 pm on Sun, Oct 24, 2010.
Folks, I obviously have a much different take regarding Wiese's sign problem! Knowing that 'right-wing' Rick Perry, I say that anyone sick enough to support him for any leadership role, surely must have other real problems. So, I say POA don't let up on that 'turkey', check him (Wiese) more closely!!!
glenoir posted at 5:10 pm on Sun, Oct 24, 2010.
People really ought to learn what their Constitutional rights are. The first amendment in no way protects Mr. Wiese from his POA's rules regarding an election sign in his front yard. Hence the need for Section 202.009 of the Texas Property Code. I agree with the state's law, and am glad it exists. But quit whining about your Constitutional rights when you are too ignorant to even know what they are!
freewillchoice posted at 4:52 pm on Sun, Oct 24, 2010.
moconat,Most subdivisions have deed restrictions and you sign the agreement when you move into the community. What part of that do you not understand? You have a choice. You can uphold your end of the bargain when you sign the agreement, or you can choose to live somewhere else. It doesn't matter what I post. I think differently so you all go for the jugular. If I shared your views you would like me. Oh, well! You have all turned the American flag into a Republican symbol. Idol worship. The American flag was a symbol of "unity" and it stood for "all" Americans. It is supposed to stand for national unity not the Republican Party. Many of you are sticking flags everywhere now purely as an "in your face rebellion." You aren't doing it for the right reason. You are using the American flag as a political "Republican" statement. Our soldiers represent all walks of life and varied political views but stand together as Americans, FIRST! This is an attack on Obama and the idea that he isn't an American and you are using our national flag to do it. I think that is sad.
nwvfd posted at 10:23 am on Sun, Oct 24, 2010.
Did everyone miss the comments from ole Free Willy? You espouse free will and choice, then speak against putting out our flag and placing a "republican" sign in your yard. I suppose democrat signs are ok?
icheckmateu posted at 9:03 am on Sun, Oct 24, 2010.
They have deed restrictions in Cape Conroe?? What a joke; everytime I have been through there I see a lot of junk cars, boats etc in peoples driveways and yards. Chain link fencing, loose dogs, homes in dis repair... And they're worried about this guys sign?
swol posted at 8:41 am on Sun, Oct 24, 2010.
truebadge wrote on Oct 24, 2010 11:57 AM:" Imagine how trashy the street would look if everyone placed these political signs in their yards. Why stop with just one, let's put 20-30 of these signs up. Your right to free speech ends when it becomes detrimental to my home value. If you want these signs, you should move to a nice, worn down trailerhood, and stay the heck out of mine! "****************************************************************Wow, you must live in a very fancy, but picky, subdivision. Just to make sure that none of us move there and drop everyone’s property value ( every two years , even though the law allows it) by putting up a sign about a most important election that affects everyone, even you, tell us which subdivision you live in?*************************************************************“Your right to free speech ends when it becomes detrimental to my home value.”I’m not very bright about the Constitution, where does it say that?***************************************************************If you want these signs, you should move to a nice, worn down trailerhood, and stay the heck out of mine! "It’s nice to see your love for mankind even those that may have, at one time, lived in a nice subdivision, like yours, but because of bad times they have been forced to live in one of these “ worn down ” trailor homes. If someone can’t live up to your standards, because of the blessings that God has allowed you to have, what right do you have to talk down to them?Luk 18:10"Two men went up to the temple to pray, one a Pharisee and the other a tax collector.Luk 18:11"The Pharisee stood and prayed thus with himself, 'God, I thank You that I am not like other men—extortioners, unjust, adulterers, or even as this tax collector.Luk 18:12'I fast twice a week; I give tithes of all that I possess.'Luk 18:13"And the tax collector, standing afar off, would not so much as raise his eyes to heaven, but beat his breast, saying, 'God, be merciful to me a sinner!'Luk 18:14"I tell you, this man went down to his house justified rather than the other; for everyone who exalts himself will be humbled, and he who humbles himself will be exalted."
cjp posted at 8:40 am on Sun, Oct 24, 2010.
I wonder how many of the posts opposing this article are from individuals who have actually served OUR country; take the time to know and care for their neighbors; volunteer with their churches or community organizations. Self-centered attitudes that are completely segmented! Wake up - read the article again - the point lies in the "selective" behavior of the POA's, Value Committees or whatever the committee name as well as the right of the individual. How many of you took the time to rally AGAINST the change to the property code??? It ONLY serves to support individual political candidates!! I'll wage that none of you even paid attention in 2005, sadly enough.
jbone posted at 8:30 am on Sun, Oct 24, 2010.
I'll be the first one to stand up for the right to freedom of speech, as well as the right to post a political sign in my yard. However, I'll also be the first one to note that I've been reading articles in The Courier my whole life, and rarely are the articles balanced or unbiased. I question The Courier's ability to accurately investigate and report the issues.Was Mr. Wiese really asked not to put the political sign in his yard? Was he ever asked to remove the sign (or intimidated)? Was he threatened with fines, should he not remove the political sign? ...really? I know it's what The Courier has reported, but I would refer back to my first paragraph!
conroemain posted at 7:37 am on Sun, Oct 24, 2010.
/////LET THE OLD MAN HAVE THIS SIGN UP ON HIS YARD...HE MIGHT DIE OF A HEART ATTACK IF THEY DONT LET HIM........OOOPS!!!!...WELL IM SAYING THIS BECAUSE I HAVE FREEDOM OF SPEECH!! HOW COOL IS THAT!!!!!
Truebadge posted at 6:57 am on Sun, Oct 24, 2010.
Imagine how trashy the street would look if everyone placed these political signs in their yards. Why stop with just one, let's put 20-30 of these signs up. Your right to free speech ends when it becomes detrimental to my home value. If you want these signs, you should move to a nice, worn down trailerhood, and stay the heck out of mine!
it'sallgood posted at 6:34 am on Sun, Oct 24, 2010.
Don't move to April Sound Leigh...it's a joke. I get this "trim your tree" notice from the property value assurance nobody and suddenly I realize, our "STRICT" enforcement is really only "SELECTIVE" enforcement. I literally drove around the entire subdivision and observed 100's of lots who were "not in compliance" with April Sound standards. Nobody needs to turn the job over to Somebody who understands the provisions of "strictly enforced."
freewillchoice posted at 5:44 am on Sun, Oct 24, 2010.
If everyone does it....it becomes junky looking. I think all communities should ban all garb in the yard. I'm for deed restrictions. Even as a kid most subdivisions I grew up in didn't allow signs in the yard. If our grass wasn't cut weekly and we didn't keep the curb edged we would get a letter in the mail. So this isn't new folks. Also, I had a Slip and Slide on the side of the yard one summer for two days and we got a call telling us to remove it. We were perturbed, but all the same, we also complained about crap in our neighbor’s yard too. The Patriot Act was the most intrusive violation of our constitutional freedoms. Once that passed anything is possible now. But again, this has nothing to do with losing rights. I bet if someone put a sign in their yard in direct opposition of this man’s sign he would have a hissy fit! People are putting flags out now and Republican signs not to be supportive of the candidate, alone, but to just be rebellious and to control what they can, because they are bitter and angry.
aegoodwin posted at 5:34 am on Sun, Oct 24, 2010.
I think we all need to follow Mr. Weise lead and start standing up what we believe in. I understand that we need rules & regulations in today's world but I believe some rules have gone way overboard. Congrats Mr. Weise on standing up for what you believe in and reminding us all that we still have the right to do the same.
teacher67 posted at 4:49 am on Sun, Oct 24, 2010.
..great post swoll! i was thinking of the exact same story while reading this one..
masked man posted at 4:44 am on Sun, Oct 24, 2010.
Maybe if while standing in your front yard next to your Perry sign, you would have a .380 Ruger Coyote in your hand, maybe these liberal Obamacommies from Washington would think twice before hassling us fine Christians so much.
danpue posted at 4:42 am on Sun, Oct 24, 2010.
Way to go Erwin! Oh, by the way, Thank you and your son for your service to our country!
Leigh posted at 3:24 am on Sun, Oct 24, 2010.
I live in Cape Conroe, and I plan to move soon because I don't like what's happening to the neighborhood. They have a fit about a perfectly legal political sign, but they can't be bothered to do anything about the reckless drivers who speed through the neighborhood. (I was almost hit the other evening while walking my dog.) They don't insist that homeowners repair unsightly damage to their homes. At least one home that I pass going in and out of the subdivision has major roof damage - unrepaired - and several homes have visibly broken or altogether missing garage doors. They send out a nasty letter if your trash can sits out an extra night, but don't say anything about people who leave clutter all over their property. The POA doesn't even bother to respond to emails from homeowners requesting that they address a problem.
swol posted at 2:13 am on Sun, Oct 24, 2010.
We are losing our rights, that we have enjoyed for so long.Like the lady, this past week, that put up a little note , IN HER OWN CHURCH, in Michigan I believe, that she was single and looking for a Christian roommate. Well she's now being sued for breaking the housing discrimination laws and could face several hundreds of $$$ worth of fines. We didn't get here by voting Republican or Democrat. We got here by apathy, just sitting around and voting our party and not getting involved in learning what the issues are and what each candidate stands for. We can't even trust each other. For example: Who was it, THAT ATTENDS THIS LADY'S CHURCH, that turned her in?Today, at church, I'm thinking about putting up a note, wanting a roommate that is a transvestite, terrorist and see if that bothers the powers that be, or if it's just the word "Christian", that's the problem.
imjustsayin posted at 1:48 am on Sun, Oct 24, 2010.
I think its great for you to stand up for not only what you fought for but what you believe in.
Mrs Do Gooder posted at 9:42 pm on Sat, Oct 23, 2010.
good for you Mr. Wiese. I bet there were plenty of Obama signs up a couple years ago.
montgomerycountycitizen posted at 8:28 pm on Sat, Oct 23, 2010.
Maybe they're stretching their powers because Rick Perry is such an embarassment to Montgomery County and to the State of Texas?