Vietnam vet threatened with legal action for flying Stars and Stripes outside his home

Daily Mail ^ | June 23, 2011 | Daily Mail Reporter

[Immerito]

A 77-year-old Army veteran is being threatened with legal action for flying the American flag in his front yard.

Fred Quigley, of Macedonia, Ohio, a retired Army chaplain and minister who served active duty during the Vietnam War, has been told his flag violates his homeowners association's rules on flagpoles.

As an alternative, the association offered to place the flag at the entrance of the development, but Mr Quigley refused.

*****

Mr Quigley's lawyer Gerald Patronite said the association has no right to stop his client.

He cites a 2003 state statute that addresses the homeowner's rights in such a dispute.

'Essentially, no deed restriction or association can abridge this right to display the flag,' he told AOL Real Estate.

Mr Patronite said that the HOA's rules state that a flag can only be displayed if affixed to the home.

But doing so would mean Mr Quigley would have to put up a much smaller flag.

[svcw]

Well, it would be ok if they lived in Mexico or Norway.
I agree, he was given many options which he would not take.
When you live in an HOA, you have to abide by the rules you agreed to, or run for the board and change them.

[ilovesarah2012]

I tend to agree with you. He knew the rules and it seems they are trying to accommodate him, but he wants his 15 minutes.

[Girlene]

He is now just an arrrogant SOB.

Fred Quigley, of Macedonia, Ohio, a retired Army chaplain and minister who served active duty during the Vietnam War, .........

............Mr Quigley said: 'It's the principle. It's about patriotism, and the soldiers I've had to hold as they were dying.............

.........'As a minister and a chaplain, I have fought for people,' Quigley said. 'Now I fight for myself.'

[Immerito]

State statues trump HOA rules.

****

“He cites a 2003 state statute that addresses the homeowner’s rights in such a dispute.

‘Essentially, no deed restriction or association can abridge this right to display the flag,’ “

****
This is not a common occurrence of a homeowner failing to comply with HOA rules; this is an HOA which has created a rule in violation of a state statute.

[ilovesarah2012]

So this man was not smart enough to read the rules before purchasing his home? That’s sad. Almost everyone knows homeowners associations have rules. Why is he an exception?

[Immerito]

The HOA rules, in this instance, are in violation of a state statute.

[Brookhaven]

Form the picture it looks reasonable, and if I were a homeowner in the neighborhood I wouldn’t have a problem with it.

But we can both agree the headline is misleading. He’s not being denied the ability to fly the flag. The flag isn’t banned in his neighborhood. There is a covenant against free-standing flag-poles.

It’s essentially just as I predicted it would be. Someone complaining about being denied the right to fly the flag, and painting the HOA as being evil and unpatriotic. Turns out that he doesn’t like the covenants he agreed to when he moved into the neighborhoos.

And hey, I’m no big fan of neighborhood associations. But I am a big fan of people keeping to their agreements. He’s not keeping to an agreement he made freely.

[ilovesarah2012]

He can fly his flag - just not on a flag pole. The rules are it needs to be affixed to his home. He was provided rules before he bought his home. If he didn’t read them, that it his fault. If the rule is in violation of a state statute, let him sue the HOA. Mountain out of a mole hill.

[Wuli]

ditto

been there, done that, won’t do it again

no sympathy for those who do

all contracts need to be read, and signed only with the legal understanding that your signature identifies/makes/means your agreement

[ilovesarah2012]

Then he will win. Problem solved.

[ilovesarah2012]

Finally! Someone with common sense!

[Girlene]

So this man was not smart enough to read the rules before purchasing his home? That’s sad. Almost everyone knows homeowners associations have rules. Why is he an exception?

He's not. He has rights. From firstamendmentcenter

..........Meanwhile, in 2004 President George W. Bush signed a bill preventing condominium and homeowner associations from restricting display of the United States flag by individual unit owners. Rep. Roscoe Bartlett, R-Md., sponsored H.R. 42, which was passed unanimously by both the House and the Senate. In a statement about the bill, Bush said, “Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation. As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens’ right to express their patriotism here at home without burdensome restrictions.”..............

.............Some state legislatures have passed provisions that protect the display of flags and signs on condominium-association property:..............

......Ohio. The state Legislature passed a law in 2005 that allows all residents to display the U.S. flag if the display is within the bounds of local, state, or federal ordinances. House Bill 539 additionally forbids any regulation of flagpoles — as to placement or size — if the poles are used to fly the American flag and don't exceed the height allowed by local, state or federal codes.

[Swordmaker]

Here is the pertinent section of the Ohio state statute, in its entirety:

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Ohio Revised Code - Title LIII Real Property - Section 5301.072 Deed restrictions prohibiting placement of flag unenforceable.

Legal Research Home > Ohio Laws > Real Property > Ohio Revised Code - Title LIII Real Property - Section 5301.072 Deed restrictions prohibiting placement of flag unenforceable.

(A) No covenant, condition, or restriction set forth in a deed, and no rule, regulation, bylaw, or other governing document or agreement of a homeowners, neighborhood, civic, or other association, shall prohibit or be construed to prohibit the placement on any property of a flagpole that is to be used for the purpose of displaying, or shall prohibit or be construed to prohibit the display on any property of, the flag of the United States if the flag is displayed in accordance with any of the following:

(1) The patriotic customs set forth in 4 U.S.C.A. 5-10, as amended, governing the display and use of the flag of the United States;

(2) The consent of the property's owner or of any person having lawful control of the property;

(3) The recommended flagpole standards set forth in "Our Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998);

(4) Any federal law, proclamation of the president of the United States or the governor, section of the Revised Code, or local ordinance or resolution.

(B) A covenant, condition, restriction, rule, regulation, bylaw, governing document, or agreement or a construction of any of these items that violates division (A) of this section is against public policy and unenforceable in any court of this state to the extent it violates that division. Effective Date: 04-07-2003

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[driftdiver]

“What a dumb thing to say”

Not really, only addressing someone who doesn’t know what they are talking about.

From about 1995 thru 2006 the market was moving very fast. In new housing developments there would literally be lines of people waiting to buy homes. If you didn’t take the house as-is right then, one of the 4 or 5 people behind you would. I sold homes and had 6 written offers within 2 days of it going on the market. In many cases you had offers before the home was actually on the market.

Most of the demand was driven by people new to the area. Many of whom had never even heard of a HOA let alone understand them. You want a delay so you can understand the rules, you just lost the house.

Sure there are homes not in HOAs, most were built in the early 80s or earlier. They aren’t built to code and about 90% of them are in crappy areas of town. Go get one of those, good luck.

[Girlene]

But we can both agree the headline is misleading. He’s not being denied the ability to fly the flag. The flag isn’t banned in his neighborhood. There is a covenant against free-standing flag-poles.

No, I don't agree. The headline is "Vietnam vet threatened with legal action for flying Stars and Stripes outside his home". That is true. He has every right to fly this flag. From firstamendmentcenter

"Ohio. The state Legislature passed a law in 2005 that allows all residents to display the U.S. flag if the display is within the bounds of local, state, or federal ordinances. House Bill 539 additionally forbids any regulation of flagpoles — as to placement or size — if the poles are used to fly the American flag and don't exceed the height allowed by local, state or federal codes. "

[ilovesarah2012]

So you sold these homes to people but didn’t advise them of what HOAs are?

[driftdiver]

Do you have to work hard to be so obtuse?

[ilovesarah2012]

I asked a question. Is that your idea of being obtuse?

[driftdiver]

yes

[Emperor Palpatine]

HOAs are basically dictatorships...often run by extremely petty people.

They should be done away with as un-American and anti-liberty.