Dispute Over Whether Draper Man Can Fly the American Flag Outside His Home

KSL-TV, Salt Lake City ^ | April 6th, 2007 | Andrew Adams

[Excuse_My_Bellicosity]

An Air Force vet is in a dog fight in his own neighborhood over hanging the American flag outside his Draper town home. "Basically they're just trying to strong-arm me."

Kevin Capito says he's frustrated after calls, e-mails, and even legal threats to take down his flag. "That was more than insinuated. He said that would be the next step, is that they would take it down. They would pay somebody to take it down and they would put a lien against the house.

The village town homes' Homeowners Association and management company contend it's against the rules since they own the exteriors of these town homes and Capito never asked for permission.

Capito says he's backed by federal law which miffed him more when he says he heard from a management company worker, ‘if the American flag is allowed the swastika will have to be, too.'

[Excuse_My_Bellicosity]

I going to find out who these flag-Nazis are and drop them a line.

[trickyricky]

"they own the exteriors of these town homes"

One of my brothers bought a house with a covenant.
I told him he didn't own a house if he had to ask a
bunch of knuckleheads what he could and couldn't do on "his own property".

I have a hard time feeling sorry for anyone who buys into that mindset.

[Old Sarge]

he heard from a management company worker, ‘if the American flag is allowed the swastika will have to be, too.'

Sounds like the home-"owners", to be honest. If the management company worker said this, then the company must have authorized the statement.

[JennysCool]

I was thinking the same thing. Anyone who signs an agreement with a “homeowners association” these days is just plain crazy. There are just too many loons out there trying to get on boards of all kinds.

[latina4dubya]

we will never live where you have to pay homeowner’s association fees...

[Balding_Eagle]

Attach the flag to the INSIDE WALL beside a window, letting it extend through the partly opened window to the outside.

[Bob J]

Unfortunately, the HOA guy is correct. If you are part of an HOA, covenant or any contract that controls exterior images, they have the right to approve. And they are also correct that if they allow a flag, they have to allow anything any butt reaming bunghole wants to hang outside his window including swastika’s, PLO flags, pics of Bin Laden, NY Knicks banners, Earth First flags, etc.

If you don’t like it, don’t buy. But don’t buy knowing you can’t then scream like a little girl when they ask you to take them down.

Jeez.

[Bob J]

Want to reserve the right to park your ‘67 olds on your lawn?

[goldstategop]

Sometimes the HOA can be just plain stupid. I can understand alterations are prohibited to the exterior of a condo or townhouse - but flying an American Flag? Give me a break.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Mark was here]

If the town required the builder to set up a HOA, then it is no different than the town banning the flag.

[SandRat]

He needs to hire his own lawyer and “SHOVE” proverbially speaking the Federal Law up where the sun doesn’t shine of the HMA and sue them for his legal costs.

I suggest getting his Congressman/Senator involved to hammer the HMA as well but I don't know if they are DemonRATS, RINOS, or Conservative Patriots.

[loboinok]

While you are at it, send them this link...

http://www.whitehouse.gov/news/releases/2006/07/20060724-5.html

[Arthalion]

My wife and real estate agent were FURIOUS with me years ago because I wouldn't buy a house in a neighborhood with a HOA. We found a house we loved, made an offer, had the offer accepted, and were just starting to sign papers when the real estate agent slipped the HOA acceptance form in front of me. It was full stop at that point. I demanded to see the HOA terms before I signed another paper. The agent scrambled for a half hour before finally finding someone who could fax over the covenants, but finally got me a copy. No outside improvements without committee approval. Only approved colors on homes. Only two cars visible at any given time. Visitors may only stay for two days. The rules went on and on, and got worse as I read further into the document.

I told my agent to withdraw the offer. She hemmed and hawed for a while, and my wife was livid, but I wasn't budging. The seller, who had already had the home removed from the MLS and had passed up other offers after mine, wasn't particularly happy either. I didn't care. Only an idiot buys into a neighborhood like that.

Sounds to me like this gentleman didn't read his paperwork.

[69ConvertibleFirebird]

‘if the American flag is allowed the swastika will have to be, too.'

Moron. Anyone who doesn't understand that we happen to live in the U.S., therefore the U.S. flag is appropriate, is an idiot. Would this person try to force every public school to fly the swastika as well? They all **discriminate** by flying the U.S. flag out front.

[goldstategop]

It all depends on the terms. Some HOA's are more liberal than others. But if you live in a condo or townhouse you're giving up complete freedom as a single homeowner to let the HOA take care of all the outside maintainence. It depends on whether you can live with the HOA restrictions.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[69ConvertibleFirebird]

If you are part of an HOA, covenant or any contract that controls exterior images, they have the right to approve

True to some extent. Federal law supersceedes homeowner association rules. If one wants to mount a DirecTV dish on the outside of his house he can whether the HOA rules ban them or not.

[CBart95]

Since nothing else of importance is going on in the whole wide world, we are going to concentrate on this incredible act of injustice that has befallen you.

See! You don’t have to stop obsessing on this catasrophe or wetting your pants or being a big Cry Baby or having to “manup!”,you’ve got real problems.

[PAR35]

He needs to hire his own lawyer and “SHOVE” proverbially speaking the Federal Law

What federal law would that be?

"No State shall ... pass any ... Law impairing the Obligation of Contracts" ?

[Bob J]

If you didn’t know you were buying into an HOA controlled community until you signed the papers, you’re Real Estate Agent screwed you.

[Bob J]

I got an idea since you feel so strongly about this, how about you front his legal fees and if he loses you agree to walk away?