Skip to comments.Home Owners Association Said He Cannot Fly the American Flag.
Posted on 05/21/2012 8:52:14 AM PDT by econjack
When his HOA said he couldn't display the American Flag, this was his response:
I don't have further detials, but I kinda like the guy...
I’m sure a homeowner’s association that finds a problem with displaying the flag will find no issue here. /s
He needs to add an eagle weathervane.
I wonder if he’s going to put up 57 stars.
I certainly like it.
On a side note, perhaps its the sort of people I am meeting lately, but whenever the subject of HOA’s comes up there is a near universal expression of revulsion. I am hopeful that the time has come for these quasi-governmental groups to go the way of the dinosaurs.
Right on. The foundation of most HOA CC&Rs is appearance. If they didn't allow a flag there is no way the paint job would be allowed to stand without legal repercussions.
Likely a myth, as a house of that older style is unlikely to be in a homeowner association.
Also, in 2006, it became illegal to ban the display of the US Flag.
That will never happen. The reason is that for the majority of owners, they are perfectly happy to surrender some of their freedom to gain the advantages of common ownership.
While I would never want to live without the degree of freedom I have with my own property, the fact is that condominium ownership provides a better lifestyle than living in a rented apartment. At least that is the opinion of a great number of people.
I own a condominium unit which is a rental. The renters have no right whatever to paint it in any way that does not satisfy me, the owner.
Similarly, although I own the inside of the unit, the outside is owned jointly by all the condominium unit owners in the development. I have no right whatever to paint the outside of my unit, which is jointly owned, in any way that does not satisfy the association, the owner.
If the gentleman in the article has the authority, under the condominium agreement, to paint the outside of his home in any way he wishes, then I am happy for him. If so, then the bylaws, which evidently prohibited him from flying a flag, must certainly be flawed if they permitted him to turn his entire home into a flag.
Capitalism requires the existence of voluntary financial associations to marry capital with productive ideas. Without the ability of individuals to voluntarily cede some of their rights contractually, we will have sacrificed the very foundation of our economy.
There’s a federal law that prevents HOAs from stopping the proper display of an American Flag.
On the othar hand, that picture would definitely, and RIGHTLY, get you a fine in my community. If you want to paint your house the way you want, don’t buy a house in a community where the deeds give your neighbors collective control over the look of your house.
Sadly, after living in several HOA’s, I think his problems are only starting. I was sued for erecting a basketball goal along the edge of my own driveway. I was also threatened by the HOA because in their opinion, I didn’t move fast enough to trim old dead growth off three palm trees in my front yard. (Live in FL) In my opinion, this same HOA who gave this good man crap for flying a flag, will also have strict rules on the color of paint you can use on your home. Normally, in FL, it’s like this: Whatever color your house was when you bought it must stay the same if you ever repaint it, or you have to pay them a fee and beg permission to change it at all. Normally, they don’t approve any significant color change. God Bless this guy.
You can’t be denied the right to fly the flag but they can restrict the manner in which you do. For instance, you may want a flag pole in the ground in your front yard but are only allowed to mount a bracket on the side of your house and use a small flag pole there. I had to deal with this very problem in FL.
Lesson to be learned: Never EVER buy into a community with a mandatory home-moaners’ association. Ever!!
They own rights your home - forever.
They are somewhat like a government, since they are run by elected officials picked by the homeowners.
Nobody likes HOAs, but then again, nobody likes police officers when they get ticketed for running a stop sign or speeding.
People tend not to like authority. I’m noticing a disturbing trend, even among conservatives, to rebel against lawful order. Laws by their nature restrict liberty, because you cannot have unrestricted liberty in a nation greater than a single person.
I don’t see how else you would handle common property ownership without some sort of association agreement. And frankly, most people are so individualistic that they feel compelled to require their own choice of colors for their house (most people never change the color of their house).
When people complain about development destroying their “views”, I tell them tough — if you care about what you see out of your back yard, buy all the property you can see, and keep it undeveloped.
Well, in one sense that is what an HOA is — a person who buys a bunch of property because they like what they see, and then when they offer parts of the property for others, they sell with a stipulation that the look and feel of the property can only be changed in specific ways, with a board to govern those changes and settle disputes.
It seems different because, after years and years, you don’t know the person who started the association, and the houses have passed down from person to person — but the principle is the same, as everybody who buys a house on the property knows the restrictions that they agree to when making the purchase.
Easy to say. There are regions in which almost all the housing is part of an HOA. If you try to find one of the rare outlying areas that don't have an HOA, you'll find yourself living next door to people who are outcasts for a reason--the people with rusted-out trucks on blocks in the front yard, a disembowelled camper next to the house, goats chewing the vegetation, wormy coonhounds chained up on the porch, screams coming from the house, six squad cars pulling up whenever the neighbors have a "party", etc.
That's why I stated I don't have any additional information about the picture. That being said, I don't care. I think it's a neat picture anyway.
Love the photo, thanks for sharing :-)
We are in the process of getting our house repainted (using the original colors), as the builder’s paint has weathered and faded after 6 years in the Florida sun. Our HOA requires each homeowner to submit a request for approval, whether or not the homeowner plans to repaint using the original colors or wants to use a different color. Repainting with the original color is given a rubber stamp approval, while a different color might get a disapproval if it is too exotic, such as a brilliant purple or scarlet or day-glo orange or green.
Excellent points to both of you. But I still believe that more and more people are opting out of the HOA environment. Not by having the HOA’s themselves be disbanded. No, they are using their feet and their dollars to opt out of living in a overly restrictive housing area.
Why? Much of it is individualistic but some of it is active antagonism against overweening HOA officials. Here in Kentucky there was a case in the last few month’s about a small playhouse that was erected to give the couple’s son a much needed therapeutic environment for him and his medical condition, (Cerebral Palsy).
Now I don’t know all of the details but as I understand it the playhouse was not visible from the street at all. You actually had to go through a neighbor’s yard to view it.
But still the HOA threw a hissy fit over it and the whole thing ended up in the state legislature and now its gone national.
And we can find other examples on a pretty regular basis. Now mind you I have known people who live in very mildly restrictive HOA’s. They are mainly interested in the keeping up the common property like the pool and clubhouse.
I have known others who live in such restrictive HOA’s that the drapes that can be seen from the street have to be of a certain style and color as well as prohibition against pickup trucks and motorcycles.
Personally, I live far out in the country by choice and occasionally there is a house that is a junk heap. We comment negatively about them and comment positively about the ones that look neat and trim. Eventually word gets back to both types of owners and cleanup is usually done on the messy place. But here in individualism county that just the way it works. We like it that way.
You get what you vote for. Some boards want to be hard-nosed, impose personal opinions and sue at the drop of a hat. At other times you get people that just want the neighborhood looking nice, adhere to the intent of CCRs, and avoid litigation if possible.
Disclosure: I've been treasurer of my HOA's board since mid 2009, and have had the pleasure of working with some great people. A previous "overzealous" board was removed by a neighborhood uprising. To all those that live within an HOA area and despise them --- try to get involved, your voice counts.
We have a great HOA. Flags are flown in many yards - one neighbor has 4, the American flag, Texas flag, Marine Corps flag and one from Notre Dame. We have nativity scenes and angels all over the place at Christmas and a huge celebration on 4th of July as well as other holidays. We certainly have had a number of complaints about nativity scenes but the Board’s position is that if you don’t like them, don’t put one in your yard.
There is simply no accounting for people’s taste and some kind of uniformity really is an advantage, particularly if you ever need to sell your home. But people should read the HOA rules before they move into a subdivision and also be willing to serve on the Board. I did and was simply amazed at some of the bizarre things people wanted to do.
You’re exactly right. The power of these organizations is dreadful, frightening. I’m doing my best to sell my house and escape to someplace where houses are so far apart that an HOA would be nonsense. My point is that there are many areas, mine among them, where it is impossible to buy a suburban house that isn’t controlled by a homeowners’ association. This should not be the case, but it is. I hope that situation may someday be changed.
I understood your point. But again, my point is that you need to be aware of your HOA regs before you move into an area and then get involved on the Board or at a minimum always go to the meetings. There are a couple of subdivisions I chose not to move into just because of how they ran their HOA. It’s called be informed and be involved - something a lot of folks just don’t take the time to do so IMO they lose their right to complain. And that applies to other things in life, not just your HOA.