On June 29, 2021 – The HCA Board of Directors and the DDRC (Design Development Review Committee) approved language – clarifying Section 11.05 of the “Harbison Declaration of Covenants, Restrictions, Easements, Charges and Liens for Harbison”
This clarification addresses the displaying of:
a. United States Flag
b. Yard / Garage Sale signs/flags
c. Political / Campaign signs/flags
d. Schools and sports teams signs/flags
e. Seasonal or holiday signs/flags
and signs/flags that are explicitly PROHIBITED
Also approved – a $50.00 / day fine for displaying Unapproved or Inappropriate Signs or Flags
Harbison’s Covenants help to protect and enhance Property Values. The clarifications approved will provide consistency of application within our many communities and assist in our continuous growth and development.
Please become familiar with these clarifications If you have questions, please contact Covenant Manager Scott Lynch, DDRC – Ray Cloutier or Executive Director Dave Grove
Section 11.05, Placement of Signs on Property
In Section 11.05, Placement of Signs on Property, the phrase “No sign or other advertising devise of any nature” includes flags of any size, type, or materials as determined by the Harbison Design Development Review Committee and the Harbison Board of Directors. As such, the Replacement Clarification to Section 11.05 is:
- General Prohibition of Signs/Flags. No signs/flags shall be permitted to be displayed in any Owner’s yard, window, or on any other surface or location that is visible from the street or from other Properties, except for the following:
- United States flag. In recognition of the Freedom to Display, The American Flag Act, 4 U.S.C. § 5 (2006), the United States flag may be displayed at any and all times. However, size of the flag may not exceed 4 ½ ft. x 6 ft. The U.S. flag may not be displayed in any disrespectful, vulgar, or other inappropriate manner. Residents who wish to display the U.S. flag shall do so in accordance with 4 U.S.C. § 7 (2006), “Position and manner of display,” and 4 U.S.C. § 8 (2006), “Respect for flag.”
- Yard/Garage Sale signs/flags are allowed but only one (1) at the event’s property and one (1) at the nearest cross-street. Yard/Garage Sale signs/flags may only be put up one (1) day before the date of the event and MUST be removed by the end of the day of the event.
- Political / Campaign. One (1) temporary political sign per candidate or issue may be displayed on a Property, visible from the street or from other Properties. Such political / Campaign sign may display only the politician’s name and party affiliation and possibly his/hers contact information and be displayed no more than thirty (30) days prior to that candidate’s or proposition’s election, run-off election, primary, or referendum. Such Political / Campaign signs may not exceed 18” x 24”. All political signs must be removed within seven (7) days after that candidate’s or proposition’s election, run-off, primary, or referendum. The location of this type of sign(s) must be set back from any road right-of-way a minimum of fifteen (15’).
- Schools and sports teams. Flags reflecting the name, logo and colors of schools and sports teams may be displayed at any and all times. However, size of the flag may not exceed 4 ½ ft. x 6 ft.
- Seasonal or holiday. Portable and/or removable seasonal and/or holiday flags not exceeding 4 ½ ft. x 6 ft. may be displayed in accordance with the appropriate season or holiday. Seasonal or holidays flags are defined as representation of any recognized season (winter, spring, summer, or fall) and any federally recognized holiday (Thanksgiving, Christmas, Easter, etc.) Seasonal flags must be removed within seven (7) days of the changing of the season. Holiday flags shall be installed not before fourteen (14) days prior to the holiday and must be removed no later than fourteen (14) days after the holiday, except for Christmas. Christmas flags may be displayed from the day after Thanksgiving until fourteen (14) days after Christmas day.
The following sign(s)/flag(s) are explicitly PROHIBITED:
- No offensive or inappropriate sign(s)/flag(s) shall be displayed at any time. Any verbiage, pictures, or symbols implicating, referencing, or relating to race, creed, religion, sex, etc. shall be considered offensive and/or inappropriate, but a sign(s)/flag(s) may also be considered offensive and/or inappropriate for other reasons as well such as, NO offensive or inappropriate sign(s)/flag(s) shall be displayed at any time with any inferring or disguised or deceitful verbiage, pictures, or symbols implicating, referencing, or relating to race, creed, religion, sex, politics, issued-oriented, etc., or recognizable or capable of reasonable interpretation by the Harbison Community property owners as being profane, derogatory, inflammatory, inciteful, critical, insulting, demeaning or derisive toward any person, group, culture, philosophy or viewpoint, shall be considered offensive and/or inappropriate. This enumeration is not exclusive or all-encompassing, and thus sign(s)/flag(s) may be considered offensive and/or inappropriate for other reasons as well.
- Any other sign(s)/flag(s) not meeting the criteria set forth herein must be approved in advance by a Committee appointed by the HCA Board of Directors. Final determination and ruling on whether any sign(s)/flag(s) is/are allowed or prohibited, including but not limited what is or is not a sign(s)/flag(s), and what constitutes an offensive or inappropriate sign(s)/flag(s), will be determined solely by a Committee appointed by the HCA Board of Directors. Additionally, determination as to the number of sign(s)/flag(s) permitted on any one property shall be at the sole discretion of the Committee appointed by the Board of Directors.
- Any signs or flags displayed hereafter that does NOT meet the criteria set forth herein shall constitute a property owner’s violation of this Replacement Clarification to Section 11.05, Placement of Signs in the Harbison Covenants. Such violation, if not remedied in the allotted number of days will be assessed a Fine of $50.00 per day until the violation is remedied.
- This Replacement Clarification to Section 11.05, Placement of Signs on Property in the Harbison Covenants shall become effective and enforceable upon approval by the Harbison Board of Directors. Any Property NOT in compliance with this Clarification at the time of Adoption shall be granted seven days to correct any matter that is/are not in compliance.
