His yard is “community property”?? I knew some goose-stepper would show up defending these fascist HOA.
I’m sure the definition of community property was spelled out for anyone who bought there in the vast array of documents presented at closing. That someone is prevented from displaying the flag is pretty disturbing. Nonetheless - the error is in the headline referring to “his yard”. Evidently, like a lot of condominiums - there is no land area that goes, in fee simple, along with the unit. So it’s not “his yard”.
YEP.....when you BUY into a “community” with an HOA....YOU KNOW DA*N well who owns what.....YOU own ONLY the walls of your unit from the inside (usually including the sheetrock).....that’s it.....everything else is joint ownership of one form or another.
In this case, his “yard” IS community property.
Many developments, particularly those which market to retired folks, are set up as condominium-type communities. Under these types of arrangements, typically only the house itself belongs to the “homeowner” and the grounds belong to the association. Some of them even take maintenance responsibility for the exteriors of the dwellings (roof, siding, etc.).
These arrangements can be “convenient” for the homeowner, who will never again have to mow, trim, clean gutters, etc., but they ALL involve signing away some (or all?) of your individual property rights in exchange for the “privileges” offered.
I’m not defending the arrangement; I’m just saying “these are the facts”.
I urge anyone who is considering moving into a community such as this to VERY carefully read and study EVERY WORD in every document realated to the homeowners/property owner association, deed restrictions, covenants and agreements BEFORE signing on the bottom line and committing yourself to a regulated lifestyle.
With that said, I do not doubt that the board of directors of this property owners’ association CAN make this American hero, Col. Barfoot, take down his flag pole. The REAL question they should ask themselves is: “What real, quantifiable GOOD will it do for our community to take this action”. I think if they answer that question honestly, the board will change their mind and allow it to stay. A special permit which expires upon the gentleman’s death would be one reasonable solution.