Cross Conflict at Irvine Condo Creates Stir Among Readers

Supporting a Christian woman’s right to display a 5-foot cross in her Irvine patio, nearly two-thirds of Orange County residents who phoned, faxed or e-mailed The Times last week said they believe her homeowners association has overstepped its regulatory boundary.

In an informal survey, 66 of 103 callers--including an Orange County judge and a Laguna Niguel councilman--sided with Jean Majzler Amato, who is fighting a court battle against the Springs Condominium Assn. to place a wooden cross in her planter. The association argued that the cross is not permitted under the community’s rules and regulations, but Amato believes she is entitled to express her religious beliefs.

Laguna Niguel Councilman Eddie Rose said the woman should be able to display the cross, especially since it is on her property.

“Homeowners associations have become arrogant,” said Rose, 59. “They think that they and only they have a right to dictate what homeowners can do on their own property. This is an outrage. It’s about time the courts put a stop to these abuses of power.”

But about 35% of the callers maintained that rules are rules, and Amato knew what they were when she put up the cross.

“[When] you live in a condo complex, you must abide by the association’s rules, or else it’s chaos,” said Murray Rodman, 75, of Anaheim. “The fact that this is a cross is incidental.”

In Orange County, and especially Irvine, where homeowners associations are known to dictate everything from the color of a house to the height of a hibiscus bush, residents and associations have often clashed. But most disputes are resolved without court intervention.

Association officials said they have tried to work with Amato, but she refused to obey the condominium’s rules, leaving them no recourse but to challenge her in court.

Amato, 46, had posted a cross made from two planks of wood in a patio flower bed, which the association considers to be a common area.

After she was sued, Amato moved the cross to a planter, but the association maintained that the religious symbol was not allowed there, either.

Trial is set for March. The case could establish a precedent by drawing the line between a homeowner’s freedom of speech and the right of the community to impose its rules.

“I’m happy to see that someone is exercising her religious freedom,” said Constance Sorenson, 55, of Aliso Viejo. “Thank God for Jean Amato.”

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Amato’s supporters included both Christians and non-Christians, who said the issue was one of constitutional freedoms. Many of those who backed her homeowners association, however, said she should abide by the governing rules of the group, which do not allow such a display.

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For Amato:

“I think [Amato] should be able to display her cross, and I think homeowners associations are way over the bounds in controlling what people can do. This has nothing to do with the cross or anything representing Christianity; I think people should be able to display any religious symbol they want to.”

--Betty Bickers, 37, Santa Ana

“I totally believe that she should be allowed to display it with no problems. It’s a freedom constitutionally, and it’s ridiculous that they’re trying to make her take it down.”

--Don Stuart, 27, Westminster

“She should be allowed to display the cross. I lived in a condo complex myself, and I think the associations get too nit-picky on issues that really aren’t a big deal.”

--Christine Shubin, 30, Fullerton

“I think she should be allowed to display the cross. These associations are too busy making clones out of all the houses and the people who live there.”

--Ruth Harman, 77, Tustin

“It’s her patio, and she should be able to put whatever she wants on that patio,”

--Doris Flair, 71, Anaheim

“Whatever the association has in its [rules] cannot override the basic rights guaranteed to Amato by the Constitution, namely freedom of religion and freedom of expression.”

--Bela A. Lengyel, 28, Irvine

“I think the woman has an absolute right to put a cross on her own property. The association has nothing to do with that. I congratulate her.”

--Jean Flynn, 61, San Clemente

“She should be allowed to display the cross of Jesus. She’s working for Jesus, and we need more of that. God bless her.”

--Rob Rutherford, 76, Yorba Linda

“I feel that the cross should be able to be displayed. I don’t believe any association has the right to take that away from anybody.”

--Ken Workman, 60, Orange

“She should be able to display the cross. The issue is that homeowners associations are [a] government and . . . should be under government codes and operated like cities.”

--Melvin Thomas, 57, Laguna Hills

“She has a right to express her religious beliefs. I don’t think a cross, a representation of God or Jesus Christ, is damaging to anyone in the neighborhood.”

--Tracy Brown, 28, Irvine

“She should be allowed to keep the cross and express her view. I’m strongly opposed to associations forcing their will on individuals in order to support the so-called appearance of the community and overriding individual rights.”

--Gordon Nylen, 64, Irvine

For the homeowners association:

“The association’s action is entirely appropriate, that’s what we have the law for, the separation of church and state. She can’t inflict her view on other people in the association that disagree.”

--Jim Reddon, 71, Laguna Beach

“The association is correct. She’s free to express religious views, but in a tasteful, non-obtrusive way. Next is she going to put up a neon sign flashing ‘Jesus’? There’s got to be a line someplace, and a 5-foot-tall cross is overstepping that line.”

--Bob Field, 42, Santa Ana

“The decision made by Jean Amato’s home association, saying that her 5-foot cross is inappropriate, is correct. Any other decision would open up a whole new set of problems. What symbols would be appropriate? What if your neighbor wanted to put up a swastika? How large could outdoor symbols be? What if your neighbor decided that a 20-foot cross would show that she was a better Christian than you?”

--Carol J. Tarbell, 68, Brea

“The association has every right to ask her to the remove the cross if it’s visible to the street. What she does in her backyard is her business, but the association has the right to ask her to remove it. It’s opening a Pandora’s box, people could do major huge edifices. When you buy into the homeowners association, you give up [your] right to do that type of thing.”

--Diane Goodman, 50, Mission Viejo

“If Irvine has rules about basketball hoops and so forth, and those are legitimate and supported, then the idea of someone shoving their religion under someone else’s nose is absolutely reasonable. She should take it down.”

--Cynthia Ronin, 52, Laguna Beach

“If the association has bylaws that say no display of any sculpture should be put out to distract from the [condominiums’] appearance, then they’re perfectly right to ask her to take the cross down.”

--William J. Lasley, age unavailable, Fullerton

“Jean Amato is unfortunately misguided in her opinion of freedom. When she purchased her dwelling, she made a choice to be subjected to a homeowners association’s bylaws. That does not seem to matter to her any longer.”

--David Jones, age unavailable, Dana Point

“The association’s action is entirely appropriate. I’m not against religion or anything like that, but it’s just not appropriate in a subdivision.”

--George Miller, 59, Dana Point

“You buy into the association knowing that there are rules to the association, and the other members also bought into the association knowing what the rules were. Amato is wrong; she didn’t have to buy into an area that has an association. She could buy into any other neighborhood where there were no such restrictions.”

--Patty Smeeth, 33, Yorba Linda

“She knew full well when she joined the homeowners association that the community was committed to maintaining a uniform appearance to their homes for the sake of beauty and home-value appreciation. Is it too much to ask Mrs. Amato to display her symbols indoors?”

--Martin Mulvihill, 33, Costa Mesa

“Most condos have a dense population. To help live pleasantly in these close quarters, the buyer agrees to give up some freedom of expression in order to enjoy the quiet and tranquillity of an environment controlled by the rules of the organization. Anyone who does not want to abide by this arrangement is certainly free to live elsewhere.”

--Stewart Nelson, age unavailable, San Clemente

--Compiled by JOHN POPE/For The Times