Most people assume that as soon as they buy their first home, they will finally  have the freedom to paint their decks purple, to hang fluorescent window  treatments and colorful sconces, or to litter their lawns with political or  yard sale signs.  

 But that much freedom is rare, if not obsolete if you live in a condo, a co-op,  a gated community or any other shared living space.  

 It’s In The Rules

 Most condo and homeowner associations have stringent guidelines regulating the  aesthetics of their communities. These can be as detailed as which type of  siding and shutters homeowners may use, what paint colors are allowed, what  types of plantings and other landscaping or ornamentation are permitted, and  even what kind of mailbox owners can put out front.  

 It’s part of the territory of living in a community association, and the idea is  that a tidy, uniform, nothing-too-crazy appearance raises property values—and that anything that steps outside those parameters will put prospective  buyers off and may cause values in the area to plummet  

 But these rules aren’t random, and breaking the rules isn’t an option if you want to live happily ever after in the home of your choosing.  However, there are ways to preserve your aesthetics and your creativity without  overstepping authority.  

 In her Lakes of Laguna home, Tammy Pietranton has to follow many rules.  

 She can only paint the trim certain neutral colors; she has to have her lawn  mowed by the community’s service; she isn’t supposed to have lawn ornaments; she can’t leave her garbage outside for more than 24 hours; anything she wants to  significantly change inside and outside her home has to go through the board.  

 But this board president isn’t complaining at all.  

 “Do I think some of the rules are extreme? Absolutely,” Pietranton says. “But if you don’t have everyone following the rules, the property values go down. I absolutely  think it’s important.”  

 In fact, she watched when her building’s former boards didn’t make sure everyone was keeping their roofs clean. The result: “It started looking shabby,” she says. Now, if they don’t follow the rules, they get fined.  

 What’s Allowed, What’s Not

 Moving from one home to another? Check the rules—each community has their own set of aesthetic restrictions.  

 In many buildings, there are restrictions on parking, and limit homeowners to  garage parking only, says Judi Allen, district manager of KW Property  Management & Consulting in Tampa.  

 Other associations restrict where you can attach a lock box, while high-rise  buildings are very restrictive about what can be outside the door and what can  be placed on the door when it comes to holiday decorations and welcome signs.  Some condo and homeowner’s associations even have restrictions for satellite dish installations. The  government says the association must allow them, but they can still restrict  where they are placed.  

 Another huge issue when it comes to aesthetics is political signage on lawns and  in windows. In fact, it’s become such a hot button topic, that there are numerous lawsuits about the  signs—and there still isn’t a real resolution.  

 The problem is that if there’s a sign on a lawn or in a window, no onlookers can really tell whose sign it  is. And if you personally don’t support that candidate, you probably don’t want other people thinking that you do.  

 But on the other hand, Americans have freedom of expression—which conflicts with the government banning their signs, which are seen as a  First Amendment right.  

 In 1994, the U.S. Supreme Court struck down a law in Missouri prohibiting the  signs in private homes. Then, the Supreme Court rejected the ordinance saying  that yard signs were “a venerable means of communication that is both unique and important.” They explained that residential signs are a convenient form of communication.  

 Still, a city is allowed to decide the shape, size and location of the signs—or to limit the number of signs per residence.  

 Homeowner and condo associations are allowed to take this a step further because  they aren’t constrained by the First Amendment since associations are considered to be  private parties that don’t need to follow the state or federal rules when it comes to free speech. That  amendment only protects people from the government’s interference.  

 It’s difficult to justify giving up your free speech to live within an association,  but for most people, it’s worth it.  

 “This is one that is hard for many people to understand,” Allen says. “I’m not sure it isn’t in conflict with the right to free expression, but the reason people are drawn  to association lifestyle is that they want the comfort of knowing they will not  end up next to the purple house.”  

 Two years ago, another major legal decision in Florida concerning communities  and their aesthetic rules occurred. Florida’s Third District Court of Appeals issued a ruling in the case of Kuvin vs. City  of Coral Gables, saying that an association is allowed to regulate parking as  long as it concerns aesthetics.  

 For the most part, you can find out what you’re allowed to do before you purchase your home. That’s because the rules are usually laid down when the association is formed by way  of the declaration—although they may be changed as the association sees fit—for example, when someone paints their unit an ugly shade of purple. But there  needs to be a vote in order to change the declaration.  

 Before the declaration is written—or when there are changes that need to be made, Allen suggests that the board be  very specific when it comes to the aesthetic rules so that no residents can try  to get around them.  

 “If you have paint restrictions, then the colors that are approved should be  listed,” she says. “Don’t just say, ‘tan.’ Give paint codes.”  

 The board should also have guidelines in place so that they must respond in a  reasonable amount of the time with approval or denial. If an owner’s request is denied, there should be a specific reason for this—and the unit owner should have the opportunity to be reviewed again by the  board.  

 Pick Your Battles

 Being fair is key. This limits the number of complaints, demands and even law  suits, Pietranton says.  

 “You can’t pick and choose,” she says. “The same rules have to apply to everyone so you’re not suggesting favoritism. We also choose the worst offenses to focus on—keeping your property up, keeping your driveway clean and keeping your roof  clean. That way, we’re not always arguing with the residents.”  

 But if there is a problem, the board needs to be careful to avoid a legal battle  of wills. They should first document the violation, and notify the owner of the  offensive activity in writing. Give them a specific number of days to remedy  the situation, and specify which section of the documents or rule is being  violated. They should also let the owner know what the penalty will be if the  situation is not remedied. This can range from a fine to an eviction or  lawsuit.  

 As of July 2010, a new Florida law states that condominium associations are  allowed to fine the homeowner as long as they provide 14 days written notice of  the violation. They also must allow the opportunity for a hearing before a  committee of unit owners before imposing the fines. If the committee doesn’t agree, the fine can’t be imposed.  

 The law also states that delinquent condo owners’ voting rights and use of common area facilities be revoked if they’re more than 90 days past due for the fine. And while the association can take  away use of a pool or a media room, they can’t suspend the use of limited common elements, such as a balcony or a parking  spot.  

 Before everything gets out of hand, Pietranton also likes to remind the people  living in her community that there’s a reason why the rules are in place—it’s essential if you want your property value to continue rising upwards. It’s also really important whenever there’s a vacancy and you need a new owner to purchase the unit.  

 “You don’t want to attract people who are going to destroy their community. You want to  attract a certain type of owner,” she says.  

 If the yards aren’t kept up and there are signs everywhere and the common areas are dirty, then a  new unit owner may assume that he can trash his place too, she says. If this  starts happening, then the property values may drop, and eventually some units  will become foreclosed. It’s a slippery slope from an unkempt yard to a foreclosure. And in these tough  housing times, it’s important to do the little aesthetic things needed to make sure that the units  maintain their value, she says.  

 Still, there can be exceptions made, and these won’t necessarily do damage in terms of property value. Exterior access ramps for a  disabled owner, or other alterations that may not be the most lovely thing  aesthetically but which are necessary for the use and enjoyment of the property  are still allowed as long as they go through the board.  

 “We would never deny anyone an access—as long as it conformed to the correct colors,” Pietranton says.  

 In fact, Florida law states that owners may construct an access ramp for any  resident who requires a wheelchair. If demanded, the owner must give an  affidavit with information from their doctor stating that they require the  ramp. And when the ramp is installed, the law says, it must blend into the  existing aesthetics as much as possible. Before construction, the plans must be submitted to the board, and must be  approved before the construction begins. While the ramp is allowed, the  association still has the right to request aesthetic changes as long as it’s still usable.  

 And other exceptions come when an old aesthetic rule is grandfathered in. For  example, when a standard is changed, the owners typically stay with the old  aesthetic rule until it is necessary to make the change.  

 “Paint would be a good example,” Allen says. “If there was a vote to update the colors, this would apply only when new  painting is necessary.”   

 Danielle Braff is a freelance writer and a frequent contributor to The South  Florida Cooperator.