Academic

Remove that Bumper Sticker or Get Towed and Fined

By Calvin Massey

    A Dallas homeowners' assocation has told a resident that he is in violation of the Association's CC&Rs for displaying several decals and bumper stickers on his car, each of which refer to his connection with the U.S. Marine Corps.  The decals and stickers consist of the Marine Corps's emblem, a statement, "Semper Fi," that is a shortened version of the Marines' motto, "Semper Fidelis," and other Marine slogans or devices.  The Association claims that display of any "advertisement" on one's car while on one's property is banned by the CC&Rs.  There is, of course, the debatable question of whether these decals and stickers are advertisements, and also the question of whether the servitude is no longer enforceable by reason of the Association's failure to enforce it with respect to a host of other stickers proclaiming a variety of causes. (One can imagine the stickers "advertising" such things as "My Child is an Honor Student,"  or "Obama/Biden," or "I'd Rather be Fishing.")  My question is whether such a covenant, even if it applies by its terms and has not been waived by inaction, has sufficient connection with the realty to be enforceable.  In old fashioned terminology, does it "touch and concern" the burdened estate?  It's a vehicle, a highly mobile piece of personal property that has only a transitory relationship with the realty.  Here's a news article on the subject.

Full post as published by The Faculty Lounge on May 29, 2009 (boomark / email).