Posted on 08/28/2010 3:46:26 AM PDT by GonzoII
I am the attorney who represented Ron Tripodo. The statute only protects display of the American Flag, and a flagpole is part of the display. There is a long-standing Flag Code that had been around as long as this country. 16’ feet is the proper height. There is an exception within the statue whereby an HOA could craft narrow time, manner, use restrictions regarding display of the flag as long as the rules did not infringe upon a reasonable display of the flag. The Bridgemill HOA chose not to avail itself to the statutory exception. The HOA instead relied upon an an application process followed by a yes/no committee vote with no articulated guidelines. That failed under the language of the statute, so Bridgemill lost. The problem with a committee vote is that it is quite arbitrary. The committee was free to reject any flag display for any reason it saw fit.
So we’ve now identified a man that won’t honor his contracts.
Rats -- so much for my thinking this would get rid of these pontificating busybodies.
Thanks for the post.
Welcome to Free Republic!! And thank you for the post with clarifying expert knowledge of the suit for the posters here who are tearing this guy down for defending his rights.
We'd like to have your input on many matters.
Please don't be a stranger.
I am amazed we have our very own HOA nazi in our midst. How cute.
Thank you for defending the right to fly the flag.
I was surprised this issue would arise in Canton, GA, a solidly conservative area. However, Bridgemill is a huge subdivision, large enough to include a few anti-flag types and rabid HOA “enforcers”.
I agree with you— and him.
Some buttons need pushing— hard.
Any alleged American who would be offended in any way by another American’s display of the American flag (other flags* not being a point at issue here) is someone I would personally like to go out of my way and to extra expense to offend.
*You could make a reasonable case for limiting the type of flag that could be thus displayed; say to present day national, state/provincial, and city flags, but no rainbows, Gadsdens, Petopia (Family Guy reference), advertising etc. Note, however, that the law cited by the home-OWNER specifically referred to the US Flag. The flying of the flags of DPRK or PRC, while somewhat disturbing, could be seen as a marker for those of us who are vigilant and prefer our enemies self-identified rather than camouflaged.
Itf a deed or HOA restriction is unlawful, signing such a document does not make it enforceable. Sort of like deed restrictions that ban the selling of a piece of real estate to a black person. It’s been unlawful for decades, but removing them costs money and unnecessary since they cannot be enforced.
Hey Andy,
I disagree with the Condor but stop with the nazi bullshit.
This is FR where different ideas get discussed, and because you disagree with the Condor, try to control your own "nazi" impulses.
I've read many of your posts and you usually have more class than you've just shown. Shame.
Some people here seemed to have a problem with a Federal law superceding HOA rules.
There are several other examples of this that I assume they wuoldn’t have a problem with.
1. Many HOA covenants from the 60’s and earlier still say you can’t sell or rent your property to Blacks. A Federal law changed this. Are you saying the HOA covenants should still be valid?
2. Many HOA covenants from the 80’s and 90’s ban satellite dishes, or place such restrictions on them as to make them unusable. A Federal ruling changed this. Are you saying the HOA covenants should still be valid and you shouldn’t be able to put a Direct TV dish on your roof?
The reason so many outdated covenants are still in HOA agreements is that it can be very difficult to change the bylaws, depending on how they are written. In a subdivision of over 1800 homes I lived in in Houston it took a UNANIMOUS vote to change the bylaws. You couldn’t get 1800 Texans to agree on the 2nd coming, much less anything else.
Despite the statutory exception, I do not think it would permit an HOA ban on flag poles or a front yard display. An HOA probably could restrict the height to 12 or 14 feet. But the Flag Code actually states 12 or 14 feet is too low, so even a height restriction may not be enforceable. If a resident sticks to the Flag Code, I think he is on safe ground legally.
Thanks guys. I’ll come back, but right now I have to go to the jail and visit all my regulars who got arrested last night. I need to get their money before the bondsmen take it all ! :)
Regards
Scott Archer
(Post Of The Day.)
Your comment smells of the same bovine feces that the HOA is wallowing in...
Congrats on the win. Good to know the attorney representing him was a Freeper!
While I was shopping for a condo several years ago, I saw many variations on what constitutes a condo and what part of the property would fall under the authority of a Home Owners Association.
Several were designed with units on the ground floor with other units directly above them. All of the outside property was owned in common with all other owners. There was no "exclusive use" areas outside the walls of the unit itself.
There would have been no place for a ground-floor unit owner to place a sixteen foot flagpole without the flag itself possibly blocking the windows of the unit above it. At the condominium that I finally bought, there would be no place in the front of the property that would not be in the "common area" that is for the use of all owners.
My association is very small by condominium standards and consists of only eight units. Anything that federal law mandates must be afforded to one owner is clearly at the expense of the remaining seven owners.
I support patriotic displays. If, however, I formed a partnership with seven other people to purchase a vehicle, for example, I would expect the contract to have binding language that dictates how the vehicle might be decorated. Freedom of speech shouldn't require that any partner in the ownership of the vehicle should be able to dictate that a particular bumper sticker must be affixed to the vehicle.
Thank you Mr. Sarcher.
Good job neighbor!
Bridgemill is surreal to me sometimes - like driving into a small country LOL
Welcome to FR neighbor. Any relation to Dave Archer that does the falcon games on radio? Lol.
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