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Sign May Be OK . . .

July 07, 1996

I disagree with Robert Bruss' answer ("Real Estate Q&A," June 2) to the owner of a condo who asked whether an owner may be allowed to have a "For Sale" sign in the window of a condo where the bylaws of the association prohibit it.

Bruss wrote that if the "For Sale" sign ban is contained in the condo association's covenants, conditions and restrictions (CC&Rs), it would probably be upheld if challenged in court

However, California Civil Code section 712 expressly states that every provision contained in a grant of a fee interest . . . which purports to prohibit or restrict the right of the grantee or his agent to display on the property a sign of reasonable dimensions advertising the property for sale is void as an unreasonable restraint upon the power of alienation.

Furthermore, section 713 of the Civil Code clearly holds that notwithstanding any provision of any ordinance, an owner of real property may display on the owner's property a sign of reasonable dimensions.

These civil code provisions authorize a condo owner to display a "For Sale" sign of reasonable dimensions in the window of their own unit (as long as it does not affect traffic safety) regardless of any restriction to the contrary in a municipal ordinance, the owners association bylaws, rules, or CC&Rs.

ERNEST MARTINEZ

Yorba Linda

The writer is an attorney.

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