Many condominium associations have a prohibition on “for sale” signs in unit windows. I recently heard from a co-owner whose real estate agent put a “for sale” sign in their unit and the owner was wondering if they had a basis to stop the association from interfering.
The short answer is probably not. There was a similar case in the State of Georgia wherein a homeowner claimed that the prohibition against signs did not apply to a real estate agent’s right to erect a “for sale” sign on the property. The court rejected the claim stating that the agent may not do any more than his or her principal and that the agent; therefore, lacked the authority to erect the sign on the homeowner’s behalf The Georgia court also rejected the homeowner’s argument that the restrictive covenant was an unenforceable restraint on trade. Based upon these facts, one is likely to get a similar result in Michigan if they choose to fight the “for sale” sign prohibition.
For more information, contact Robert Meisner @ 800.470.4433 or bmeisner@meisner-associates.com.