Supreme Court upholds right of planned communities to prohibit signs
By:Stephanie Prokop
MANSFIELD Carmela S. DeMarco, a five-year resident of Homestead (a 55-and-older housing community) and the president of its board of trustees, is "happy and delighted" that the state Supreme Court last week upheld the rules of the Twin Rivers’ housing community in East Windsor, prohibiting residents from displaying political signs on their front lawns.
"Once there’s a chink in the armor, it allows a passage for something else to occur," she said. "You have to have perimeters in a planned community, because that was the whole purpose of why they were invented," she continued.
In the opinion delivered by Justice John E. Wallace, the court asserted that the association’s restrictions on posting political signs, access to the community center and access to authorship of the community newsletter are not governed by Article 1 of the state constitution because the association is a private entity.
Therefore, the court stated that residents relinquish certain rights when entering into the agreement to live in the community.
Although the Twin Rivers community is located in East Windsor, Mansfield also has several housing developments with homeowners associations, including Four Seasons at Mapleton, and the Homestead at Mansfield community. Both communities are have gated access and are for residents who are 55 years or older, with clubhouses and association fees.
Ms. DeMarco said that what makes housing communities unique is the very reason that they have rules.
"You know ahead of time if there are restrictions, " said Ms. DeMarco, "So if you’re fully aware of this, and you have the knowledge, why would you want to rock the boat?" she said.
Ms. DeMarco said she believes if residents were allowed to display signs for one thing, then it would open a Pandora’s box, with a litany of other requests that the homeowners association could then face.
Residents in Homestead are not allowed to display any type of signage on their front lawns, specifically those signs that advertise the sale of the house.
Ms. DeMarco said for the most part there isn’t anything that Homestead residents have tried to do in defiance of homeowners association’s rules that could not quickly be rectified.
"I can’t think of anything that is odd, we have a very lovely community and for the most part the rules and regulations are followed, if there are breaches in that, people are very understanding," she said.
Residents of Homestead are told about the rules of the association before they enter into a sale of a house, and are given a written copy after the sale of their house.
Ms. DeMarco said the rules of Homestead aren’t specifically meant to be too imposing, but it is more to keep up the appearances of a clean and uncluttered neighborhood.
She also said that in today’s communities that have homeowners associations, the rules are pretty much common sense.
"People are fully aware that it is common knowledge really, maybe 20, 25 years ago it was different and people had to learn about the parameters of this kind of living," she said.
Four Seasons at Mapleton is another housing community that is gated and houses are only available for adults age 55 and older to purchase.
"I have no problems, I think that anyone who moves into a community with a homeowners association should have their eyes open to any various rules they may have," said Myra Dickert, a resident of the Four Seasons at Mapleton, and president of the Civic Association of Mapleton.
Ms. Dickert said she doesn’t believe any rules that the Four Seasons homeowners association are particularly harsh or strict, but she acknowledged that others may have differing opinions.
"Everyone is different," she added.

