A reader of ours from West Palm Beach recently sent in this question:I have had my house on market since January and have a For Sale By Owner Sign in my backyard. I live in West Palm Beach. The HOA had 2 new board members who are realtors who came on board in November 2005. The HOA rules have never been changed since it was begun in 1987 and now the realtors have banned FSBO signs on property. I bought off a For Sale Sign in 1997 and now I cannot sell off a For Sale Sign since realtors are banning FSBO's. I am being sued because I refuse to remove my FSBO signs on my property. Are you interested in hearing more on this? Can you help me get the word out that when realtors get on HOA boards, they change the FSBO sign laws for their personal finacial benefit. The HOA wants a lot of money from me because I have refused to take down my FSBO sign in my backyard. I just want to move away from here. 95% of my buyers call off that FSBO sign. If I don't have a sign up , I won't have anyone call me to see house. I am stuck here. Please advise. Thank you.Our reply to him, which we'll share with you:It is a first amendment right to put up a FSBO sign in your own property. If the HOA (Homeowners Association) allows agent signs (some ban all signs) and not allow FSBO, that is discrimination, highly illegal, and it is called price fixing! Simply contact a good real estate attorney in West Palm Beach, he'll send one letter to the HOA informing them that this is a constitutional right to put a sign in his yard, and first amendment right freedom of speech which has been heard in court (Supreme Court), and homeowners CAN put FSBO signs in - any attorney worth his salt would be happy to do this (send letter to HOA) and I promise, they'll back down so fast it'll make their heads spin. Especially when the atty mentions PRICE FIXING and anti-trust by the agents!! Go get em!
