AG Gazette for October 2004
“Communication is the key to a strong community”
October 2004, volume 2, issue 10
At Long Last!
By Barbara Harrington
At long last we have a new entryway monument!! Now we can once again find our
way home – and our friends and relatives can find us too. The new lighting is in
and the new letters on the other two community pillars have been installed. A
number of residents have given board members much appreciated feedback. Thanks
for the kudos!
Hopefully our new sign is far enough out of the path of destruction that it will
not meet the same car-crash fate as the old one!!
Since one project always seems to breed another, the Board will be in discussion
over the winter as to what type of flowers or plants to put in the center of the
existing shrub ring where the old monument used to be. Suggestions are always
appreciated. The plants will need to be low enough to allow people to see the
sign easily. ~
New entryway is a “monumental” success.
1st Annual Great Andover Glen “Spiff” set to be begin
By Bob Meyer
Sound the trumpets! The Andover Glen Board has approved a new program to
encourage beautification and community awareness in our neighborhood. The
contest will be called the “Great Andover Glen Spiff” (spiff is slang for
“smartly dressed”) and it will include prizes for a variety of outdoor
beautification efforts. From landscape design to most improved exterior there
will be several categories of real cash prizes given! The idea is that a more
attractive Andover Glen raises all of our property values and increases pride of
ownership. Other benefits will include the fact that we’ll all just be a bit
more aware of what is going on in our neighborhood and this can have significant
beneficial effects on how secure our neighborhood is. The contest really begins
right now, as you can begin your planning and even some outdoor preparation for
next year on our nicer fall and winter days. Don’t forget of course, for any
major work outside you need to fill out a Property Improvement Request Form and
submit it to our Board Preservation Chair, Ron Adams, for review, before you
start work. The contest will end around the end of next summer with the winners
to be announced at the annual picnic. You’ll be hearing much more about this
exciting new contest over the next few months, so be sure to check back in the
AG Gazette each month for more details or feel free to call me, Bob Meyer, at
303-690-6927. Let the Spiffing Begin! ~
Political Signs vs. HOA’s
By Jan Laitos, University of Denver law professor, and reprinted from 9news.com
Can a Homeowner's Association prevent a homeowner from putting up a political
sign on that owner's property? Isn't political "speech" in the form of political
signs one of the most protected constitutional law rights that we have as
citizens?
Is it ever permissible for a private association to stop political expression?
Two forces come into conflict when a Homeowners' Association (HOA) imposes
speech related rules on homeowners within the HOA.
The first is the right that we all have to express ourselves freely and openly
under the First Amendment. That Amendment to the US Constitution permits us to
express our views publicly, not matter how controversial they are. And there is
no more protected place to express our views, especially our political views,
than with signs in our front yards of homes that we own.
The second is our ability to give up, or "waive" any constitutional right,
including First Amendment rights, so long as we are giving up these rights
freely and with knowledge of what we are waiving. When one agrees to enter an
HOA, one either expressly or impliedly agrees to all "covenants" that control
that HOA. A covenant is a contract between the owner and the HOA. The covenant
is an agreement whereby the owner of homes within the HOA gives up certain
property rights, and perhaps constitutional rights, for the privilege of living
within that HOA.
If an HOA has as one of its covenants that a homeowner give up that homeowner's
right to speak through signs placed on front yards, the HOA has asked the
homeowner to "waive" the constitutional right to speak. ~
The HOA can, in fact, validly and legally accomplish this, so long as the owner
is not coerced into signing the covenants, and if the owner has actual or
constructive knowledge of the covenants. In virtually all HOAs, owners have such
knowledge, and owners are rarely if ever coerced into giving up their rights.
So, the HOA rule will typically prevail over the HOA homeowner who wants to put
a political sign there.
Moreover, the First Amendment only applies when there is GOVERNMENT action which
is suppressing speech. An HOA is not government, so the First Amendment would
not apply in any event (unless the HOA sought to enlist the aid of the courts in
enforcing its fines against a recalcitrant owner).
If an owner in a HOA wishes to put political signs within an HOA which prohibits
those signs, the way to get those signs up is to get the other HOA members to
VOTE to change the rules. That is what happens in a democracy to get rules
changed - one does not engage in civil disobedience; one changes the rules by
majority vote.
REFERENCES
City of Ladue v. Gilleo, 512 U.S. 43 (1994) ~
Andover Glen Helps Women and Children In Need
By Barbara Harrington
For those of you who were unable to attend our annual picnic you may be
wondering what we did with your dinner. We had a lower turnout this year than
expected (55 versus about 90 in years past) so we did have quite a number of
meals left over.
I am pleased to tell you that your meal was donated to The Gathering Place in
Denver, a daytime drop-in center for women and children experiencing
homelessness or poverty. We estimate that our contributions fed about 40 people.
They were most excited about our generosity and planned on using the food for
their evening meal the following day. Helen, the kitchen manager, said the
children were going to love the cake.
In addition to providing meals for the women and children, The Gathering Place
also provides bathing facilities, classes for those wishing to obtain their GED,
a computer lab, help with résumé’s, help with finding jobs, on-site child care,
and medical assistance. They also link women and children with more than 80
community human service programs. They are privately funded. Adding space to
house women and children for overnight stays is one of their current goals. If
you would like to get involved with their programs, please call them at
303-321-4198. ~
We all need a little “Neighborhood Watch”
By Bob Meyer
Over the past few months we’ve had an unfortunate rise in a few specific types
of crimes in our area. Specifically, we’ve seen a few break-ins and car
burglaries. These are nothing to get overly alarmed about, as every neighborhood
in every city has security issues. What these increases may mean is that
criminals may think our area makes an attractive target because residents here
are not paying as much care as they could to security issues. Many of these
crimes could have been avoided by a little common sense vigilance by the
victims, and all of us need to take more responsibility for keeping a careful
watch over the security of our homes and carry that over to looking out for our
neighbors as well.
As the new Neighborhood Watch Coordinator for the area, I’ll be featuring
several safety tips here in the Gazette each month. I’ll also be organizing
Neighborhood Watch Block Captains to help each block pay special attention to
safety needs. So look for one of them to come to your home in the next few
months. Here are this month’s safety tips:
1. Keep your car off the street and in the garage if possible. Clean out the
$100 worth of junk in your Garage to make room for your much more valuable car.
Even parking it on the driveway is better than on the street.
2. Keep all windows locked, upstairs and downstairs when you are not at home.
Downstairs windows and doors should have security pins, bolts, or even wooden
dowels placed in the tracks. Garage and patio doors can make especially enticing
entry points.
Please check back each month for more safety updates and information. Give me a
call at 303-690-6927 if you need more information. Working together, we can keep
Andover Glen safe and secure. ~
Some Helpful City of Aurora Phone Numbers & Contact Info
General Information 303-739-7000
Police Emergency 1-911 or 303-739-6000
Police Non-Emergency 303-365-2844
Animal Control 303-326-8280
Ask Aurora (24 hour) 303-739-7500
Aurora Web Site www.auroragov.org
Oops…we goofed
Last month in the Gazette we mentioned that Bob Meyer and Cindy Wagner had
joined the Andover Glen Board and that Jan Guerra had returned to the board, but
we failed to mention that Curt Krall had also returned to the board for a 3 year
term. Curt has done such a great job has the Chair of our Social Committee that
we couldn’t let him go without serving at least one more full term.
Again, a big THANK YOU is quite appropriate for these people as they are
volunteering their time to serve our Neighborhood and make Andover Glen a better
place to live. ~
“…in the end, when we are dead and gone, we’ll be remembered not for how much we
acquired, but how much we gave to others…” - Princess Diana
A Note of Thanks
Thanks to all of you who honored your commitment to the covenants and your
neighbors by not displaying political signs in your yard. And thanks to you who
removed your signs after having received a reminder from a board member.
Next Meeting reminder:
The next AG board meeting is open to all AG Association members will be held at
the home of Jan Guerra on Wednesday, November 17th, 2004 at 7 p.m.
We’ll be keeping the meeting as short as possible as Jan will be going to bed
promptly at 8:30 p.m. and we’ll need to let ourselves out quietly if the meeting
goes any longer.
Neighbor to Neighbor
Services and stuff for sale, cheap!
Baby Sitting: Red Cross Certified Babysitter!
Great rates. Responsible 8th Grader living right here in Andover Glen. Call
Elizabeth Melton 303-693-5183.
Baby Sitting: Red Cross Certified, 14 yr. Old
Morgan McCoy, 303-248-6213.
Baby Sitting: Experienced. Loves Kids, Very fair rates. Brandy Helfer,
303-248-6213.
Baby Sitting: Experienced neighborhood Baby- sitter. Kristin Guerra,
303-766-0464.
Baby Sitting: Red Cross Certified, thoughtful and loves kids. Call Sophia,
303-693-9356.
Dog Walking: If you need your dog walked or bathed, or just played with, I am an
excellent pet handler. I have worked in a veterinary clinic and love pets!
Anjali Melton, 303-693-5183.
House Cleaning: Brandy and Morgan will do housework & odd jobs. 303-248-6213.
Firewood Removal: If you’ve got some old firewood that you can’t use or don’t
want around anymore, call Norm Arlt at 303-766-7344, and he’ll haul it away for
free
To place an add in this section, contact Randy Simpson at 303-693-0546, or
rgatess@yahoo.com
Andover Glen website: www.neighborhoodlink.com/aurora/andoverglen
Homeowners Association Board Members
President: Barbara Harrington 693-0868
Vice President: Dave Kline 720-870-6697
Secretary: Randy Simpson 693-0546
Treasurer: Jan Guerra 766-0464
Preservation: Ron Adams 248-6213
Grounds: Norm Arlt 766-7344
Social: Curt Krall 400-9652
Welcoming: Cindy Wagner 693-8729
Neighborhood Watch: Bob Meyer 690-6927