September 19, 2008
Recently, the Kansas legislature passed legislation stating that any provision of a restrictive covenant
that prohibits the display of political yard signs is against public policy and shall be void and unenforceable. Since March
1, 1990, when the Clarion Woods Property Owners’ Association Declaration of Restrictions were filed, the placement of
signs on any lot except those signs advertising the sale of the property have been prohibited. The Declaration of Restrictions,
Section 8 states:
No signs, billboards, or advertising structures of any kind may be placed or stored upon any lot, except those signs advertising
the sale of the property, shown on the recorded plat are permitted, not to exceed five (5) square feet. Westlands, Ltd.,
or its assigns (Clarion Woods Property Owners’ Association) may remove non-conforming signs upon three (3) days notice
to the owner, such a removal to be at the cost of said owner.
The recent enactment of L. 2008, ch. 165,
sec. 5 makes it illegal for neighborhoods to adopt restrictive covenants prohibiting political yard signs and states:
(a) On and after the effective date of this act, any provision of a restrictive covenant
which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days
before an election and ending two days after the election is hereby declared to be against public policy and such provision
shall be void and unenforceable.
You may have read in the Topeka Capital-Journal that there is some disagreement
whether the legislation prohibiting homeowners associations from restricting political yard signs is constitutional. There
is legal authority to support the right of individuals to contract through restrictive covenants and may support a homeowners
association prohibition of the posting of political yard signs.
The Board of Directors of the Association met
on September 3, 2008 and offers the following for your consideration. When property owners purchase homes in Clarion Woods
they do so with the knowledge that there are restrictions placed upon the property purchased as set forth in the Declarations
The Clarion Woods Property Owners Association tries to uniformly enforce these Restrictions.
We can all agree that Clarion Woods is a unique place to live with good sidewalks, well taken care of common areas, and well
maintained houses. This is done to benefit all Clarion Woods property owners. Our preference is to have Clarion Woods property
owners continue to adopt the terms of our restrictions to keep our subdivision looking attractive; however, we understand
the nature and intent of the new law.
Going forward, if you
are so inclined, political signs may be placed in your yard 45 days before
an election, but must be removed two days after the election. Signs should not be placed in the subdivision common areas along
37th Street or on Wanamaker or in the roundabouts and cul de sacs. Please note, this revision applies only to political
yard signs. The Board respectfully requests that you not place any other signs on your property except “For Sale”
Thank you for your cooperation!
Clarion Woods Board of Directors