I'm So Blue

As an attorney, I have recently found myself in a specialty I never sought. I have become a coverage and liability counsel for neighborhood associations and their insurers involved in litigation. I had zero cases like this two years ago. But then I picked one new client, then another. Now, I have 6 cases connected in various ways to disputes arising out of condo associations or homeowners associations.

While I don't mind the cases, they remind me every day why I bought a house in a neighborhood that didn't have any Association with real power. My fence was my choice. My house color was my choice. My type of grass was chosen by me. I changed my landscaping to suit me (ok, Mrs. KJ). I can put a playhouse in my back yard for my daughter. I can add a small pond and put a boulder in my front yard if I want. I can build a stone flower box around my mailbox or brick it in to deter the "run over mailbox" vandals. I can do about anything that is consistent with zoning laws. I can hang a flag or even erect a flag pole.

My only obligation is to comply with County zoning laws. Otherwise, my house is how I want it and my property is how I make it. And there wasn't a damn thing any of my neighbors could do about any of my choices except complain to me or talk about me behind my back.

In many neighborhoods that is not the case. Many have a homeowners/condo owners Association with real power. It has a Board filled with political and power mad residents who make every regulation immaginable. The rules are enforced be a Mrs. Kravitz (think Bewitched) in every other house more than willing to serve as the covenant police, reporting you for having a hiden satelite dish, the wrong color curtains or a backyard play set forbidden by a covenant.

Now, mind you, I am OK with restrictive covenants if they were created at the time of the subdivision/condo, and the owner took the property with notice of the regulations. Some people like having control over their neighbors so much they are willing to give up their own freedom of choice. I am not one of those persons.

Some neighborhoods don't get regulated by Associations and defined, contractual in nature covenants. Some are run by public boards. One sure way to get stuck in this deal is to have your home or neighborhood declared to be historically significant. Then you are not bound by a limited, defined document like a condo declaration. No, you are bound by political boards with lots of discretion and no accountability.

Which leads me to this story about a man who is, admittedly, doing something silly with his property, and his intrusive neighbors are really annoyed. So they got the local officials to do something about it. But he is still sticking it to them, thus far within the rules.

A giant blue statue of "Sesame Street's" Big Bird character perched above a roof has angered homeowners in a Wisconsin neighborhood, according to a Local 6 News report.

Al Emmons of Greendale, Wis., has been displaying the statue on his home's chimney located at Bluebird Court.

However, neighbors complained that the bird diminished the historic integrity of the community and went to officials to get Emmons to remove the statue. "It's just an unhealthy obsession," Emmons said. "It's such a silly thing to get upset about. That's also what the big to-do is, is that everyone is wondering why would they get so upset about having a blue bird on a guy's chimney that the kids made."

The Village's Historic Preservation Board ordered Emmons to take the blue Big Bird off the chimney or face a $100 a day fine. And, hours before the deadline, the bird was removed from the chimney.

However, the statue is once again perched on top of some scaffolding at roof level, holding an American flag and in plain view for the neighbors to see. Neighbors are considering going back to the city to have the bird permanently removed.

If this were a restrictive covenant issue, I'd have to say the Association was right, if the conduct was restricted. But this is a "Historic Preservation Board" which means some politician decided to make these people's property rights subject to a political board's discretion.

As far as I am concerned, Big Bird and his owner have civil rights. I hope he puts up a purple Mr. Snuffalupagus next.