Irmo recently held a special Town Council meeting in response to the mayor's battle with a local community association.

On Oct.10, the body discussed the situation with the Harbison Community Association (HCA), with Mayor Barry Walker and Council Member Kelly Busch being absent and many residents expressing concern as to why the meeting was being held.

The meeting followed Walker, who is on the ballot for re-election Nov. 7, placing campaign signs in his yard and the association deeming it inappropriate.

Neighborhood policy dictates that campaign signs may “may display only the politician’s name and party affiliation and possibly his/hers contact information and be displayed no more than thirty (30) days prior to that candidate’s or proposition’s election, run-off election, primary, or referendum” and “all political signs must be removed within seven (7) days after that candidate’s or proposition’s election, run-off, primary, or referendum.”

By this rule, campaign signs weren’t allowed until Oct. 7.

Walker told the Chronicle that he was not present at the meeting due to a medical procedure, though he did label the meeting a campaign event for the two candidates on the board – Council Member Bill Danielson, who is challenging Walker for mayor, and Erik Sickinger, who is seeking another term. 

The association declined to comment on the situation, with Cindy Kellet, the group’s executive director, telling the Chronicle, “It is the policy of the Harbison Community Association that we do not discuss covenant violations as they are individual and personal in nature.”

Walker told the Chronicle that the association didn’t go through the proper process to make amendments to the original covenant. He said that to amend the covenant there needed to be a two-thirds vote, which he said did not happen.

According to the association’s minutes from a June 29, 2021 meeting, the last time the section was amended, the board voted seven to zero, with one member absent, to approve the changes. 

The association's website states that this amendment was to clarify the section for the display of the U.S. flag, signs and flags for yard/garage sales, campaign signs/flags, school and sports team signs/flags, seasonal or holiday signs/flags and other signs/flags that are prohibited.

Council Member Barbara Waldman told those in attendance that the new covenant is actually less restrictive than the previous one.

At the meeting, Sickinger told those in attendance that he was worried about how the town would look with everything that was happening.

“I got an email today that my sign was improperly placed,” Sickinger said. “My response to that was, ‘Oh, I'm sorry let me get it pulled up. The person who put it there didn't realize that it wasn't allowed to be there. Let me get that taken care of. I really apologize for the inconvenience.’"

“The rules are in place and it's really easy,” he added. “I guess maybe it can be hard for some folks, but it really should just be a simple, easy matter.”

Sickinger also said the whole “debate” with the association isn’t normal, positing that other towns don’t have this kind of issue.

Many residents in attendance questioned why the town even called the meeting.

“This is not a town issue,” said one resident. “It's an issue between property owners and their HCA.” 

Phyllis Coleman, a candidate for council, called the meeting an inefficient use of town funds.

Other residents expressed contention with the mayor.

Benji Friday, a Beacon Hill resident and active voice for making Irmo safer, stated that she voted for Walker in his first election for mayor, believing he would bring the community together, though now she has a different sentiment.

“During this campaign, he has worked to divide this town,” she said. “You will not do that, the citizens of this town will not allow him to do that.”

The mayor took to social media to discuss the matter of his political signs, stating in a Facebook post that the issue is a balance between freedom of speech, community covenants, and the intricacies of the town’s election cycles.

“My issue was whether residents could express their support for an election campaign by displaying signs during the Town’s election cycle (August 16th to November 7th),” Walker posted Sept. 27. “The scenario was complicated by conflicting laws at the town, state, and federal levels and the HCA.”

According to the Mayor, the covenants of the neighborhood he lives in do not supersede town or state laws.

Will Edwards, Irmo’s town attorney, disagreed, stating at the meeting that a homeowners association or community association, under current state law, has the authority to be more restrictive when it comes to campaign signs. But there are limits to those powers, he explained.

“While their association can fine an owner who violates the restriction or put a lien against that homeowner’s property, they cannot remove the sign because that would be a violation of state law,” Edwards said. “They could take other steps pursuant to their covenants by a matter contract. They can fine homeowners or business owners that are governed by that community association … if they are found violating those restrictions.”