Lodi homeowner complies with HOA, removes 2 of 3 Trump 2024 signs posted
LODI — There is a banner debate in Lodi with the Sunwest Homeowners Association responding to CBS13 after it initially reported how it was requiring a resident to remove his Donald Trump 2024 signs and banners.
"I'll trim it up right here," said Paul Wood Bonilla, who has lived in his Lodi home for over 30 years.
He said he is considering trimming his Trump signs if it means he can keep them up. That is after he received a letter from his HOA, Sunwest, a part of Katzakian Property Management, last week that read all three signs were violating the three square foot rule, according to the Covenants Conditions and Restrictions.
On Sunday night, an attorney uncovered the Davis-Sterling Act that states associations can enforce that signs must be less than nine square feet, and banners less than 15 square feet.
"Would they do that if it said Kamala Harris on here?" Bonilla said. "I bet you wouldn't hear one word because no one would complain."
Senior Association Manager at Sunwest Liz Franco met with CBS13 on Monday and said the reason they are asking Bonilla to take them down has nothing to do with the political message.
"It doesn't matter if it's Trump or who it is," Franco said. "There are just certain restrictions you have when you live in a homeowners association."
Franco said the HOA board came to a compromise Monday.
"I talked to the board of directors and they agreed he needed to take down two signs and leave one up, whichever one he decided," Franco said.
Franco could not tell CBS13 why they initially said Bonilla had to remove all the signs or downsize them.
She did cite the 2008 appeal court decision of Fourth La Costa v. Seith that ruled HOAs can restrict the number of real estate signs and it could apply to non-commercial signs, like Bonilla's banners.
Michael Wise, a local attorney unrelated to the case, said the "could" statement does not always stand up in court because it depends on the context in which it is used.
"It appears to apply to commercial signs, not non-commercial signs," Wise said. "These are clearly non-commercial signs and banners."
He believes the appeal court does not apply here because it is a case about real estate signs, not non-commercial.
"The HOA is absolutely wrong," Wise said. "Compromise is ok, but they have no leverage."
Bonilla's neighbors are now putting up Trump 2024 banners to support him.
For now, Bonilla took down two of the signs and is only keeping one up in compliance with the HOA. He plans to seek legal counsel to see if all three can go back up.
"If they are right then I'll comply, but if I have a foot to stand on and fight this then I'll fight it," Bonilla said.