Please Read The Update To This Article Below
A group urging support for Oakmont purchasing the Oakmont Golf Club distributed 250 yard signs at a Berger Center parking lot rally Saturday, April 6, and has ordered more signs.The yellow and green signs reading “YES, Save Our Community” were distributed in a light rain that didn’t seem to faze the small crowd gathered.
Carol Pence, a member of the 10 person organizing group, said it had a list of people asking to have signs delivered when the new order arrives. And another rally like the one at the Berger is likely, Pence said. The YES flyer urges support for Oakmont purchasing the Golf Club assets rather than seeing them purchased by an outside buyer.
A drive around the main roads in east and west Oakmont on Sunday passed more than 50 “yes” signs, almost all them displayed in front of homes near the golf courses. Asked about the sign campaign, OVA manager Kevin Hubred told the Oakmont News that the yard signs are permissible under California Civil Code 4710. (However, most sub associations only allow signs to be posted in windows as most sub HOAs own their common areas).
The group has an email address: firstname.lastname@example.org
The OGC has hired a broker to market the club for $4.8 million. (Photo by Maureen McGettigan)
Dear Oakmont Village Association Members
This correspondence is regarding the green “Yes” signs placed on individual members’ lawns, yards and exclusive use common area space in and around Oakmont. We appreciate that residents of OVA are keeping the Board and Management apprised of all that’s happening in our neighborhood.
There has been speculation about Board involvement with the placement and funding of the Yes signs. Please be advised that the OVA Board of Directors have not been involved in the establishment of the group distributing signs nor have they supported their effort financially.
Although the OVA Protective Restrictions references billboards and signs (*below, Article III, Section 2(m)), our current Guidelines and Standards approved August 15, 2015 and the California Civil Code 4710 do not allow the HOA’s governing documents (including rules) in the state of California to prohibit signs and banners as referenced below (CA CC 4710). California Civil Codes (CC) and law take precedence over governing documents, including rules, and cannot contradict the law (CC), which would literally be considered unenforceable.
Pursuant to the OVA Guidelines & Standards and California CC 4710, OVA cannot prohibit the placement of these signs as outlined and highlighted below:
Guidelines and Standards (8-15-15)
- Commercial and contractor signs are prohibited in Oakmont. Real Estate signs advertising residential property for sale, rent or lease, of reasonable size and construction, may be placed on private property, with the property owner’s permission, in reasonable locations in plain view of the public, and must be removed the next business day after the close of escrow or when a rental/lease agreement is signed.
- Security signs are limited to ninety-six (96) square inches, no more than three (3) feet above grade, two (2) per property and a maximum of five (5) feet out from the house foundation.
- Noncommercial signs or flags may only be posted or displayed in accordance with California Civil Code Section 4710.
- Contact the Architectural Committee Office for a copy of the complete Sign Policy.
Civil Code §4710. Display of Noncommercial Signs.
[Old: Civ. Code §1353.6]
(a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.
(b) For purposes of this section, a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces.
(c) An association may prohibit noncommercial signs and posters that are more than nine square feet in size and noncommercial flags or banners that are more than 15 square feet in size.
* Article III, Section 2, Use of Property:)(m)Billboards and Signs. No billboard, poster or sign of any character shall be erected, maintained, or displayed upon or about any part of said property without the approval of the Architectural Committee, and any billboard or sign not so permitted shall be summarily removed and destroyed. Provided, however, that nothing herein contained shall apply to any billboard, poster or sign erected or used or maintained by. Declarant or its agents or contractors or by any corporation owned or controlled by Declarant for or in connection with the construction, development, sale or lease of any portion of said property. Provided, further, that nothing herein shall be deemed to prevent display of a sign of customary and reason able dimensions advertising the property described herein as for sale.
Most individual HOA’s (Sub-Associations) own all common areas and have the right to prohibit signs pursuant to CC 4710. However, it is up to that HOA to enforce the rule. OVA’s rules prohibit members from posting signs on OVA Common Area, which is owned by the Association.
If you have any questions, please send an email to ASKOVA@OakmontVillage.com