Posted on 07/05/2009 3:02:11 PM PDT by AmericanSphinx71
I live in a condominum in Diamond Bar, CA (aboyt 30 miles east of Los Angeles. I actually find the area to be a majority conservative (our Congressman, State Senator and State Assembly man are Republicans), but we do have a good number of leftists around.
Last Thursday I replaced my Old Glory flag I had waving from my balcony and hung the "Don't Tread On Me" flag the early revolutionists waved during their call for independence. Considering how far this current government has gone to intrude in everything in this country from business, finance and our everyday lives, I found the change to be most appropriate.
My complex here is 118 units, so it's pretty large. I'd say about 30 or so units have some sort of flag waving from their balconies, including by my count two "Obama Nation" flags.
This morning I was paid an unwarrented visit by a board member from our Homeowners Association who also lives in the complex. Without any hesitation, he ordered me to "take that flag down right now" as it is a violation of the HOA rules. I aksed him which rule I was violating. He said the rules are no flags were allowed to wave from the balconies in this complex. When I asked about the other 30 or so flags in the complex, he said those are an exception because "they are not incendiary and they do not incite passion". I then told him I found the Obama flag waving from the balcony two units down from mine to be "incendiary" and that it "incites a political passion" within in me. I then told him my flag will come down when all the others come down.
After a brief silence, he told me the Obama flags, as well as all the others, are of "patriotic nature" and are not "incendiary". I explained to him this flag I have is a replica of the ones waved by the early revolutionists that helped found this nation, so I deem it to be patriotic. I think he realized he had a fight on his hands, so he said will have to bring my flag up with the rest of the board and they will most likely fine me for each day the flag hangs. So we'll see what happens there.
Now I don't have alot of money and can't afford a lengthy court battle to protect my rights. But I also don't want to cave into to these leftists and let them win yet another battle. If my flag must come down, while the Obama flags can continue to wave, it will tear at me each day.
Hopefully the rest of the board will have enough sense to let it go. I don't want to fight. I feel it is my right to wave what I want from my property. But I also realize America is no more an that this is "Obama Nation" now and all old rules and the Constitution are no longer in effect.
If you were in my shoes, what would you do?
Consult an attorney. You may or may not be legally in the right; I really have no idea.
Incredible.
Keep the flag up, that is what I would do. I am no lawyer, but I would find one and if I could —I would also consider suing them for harrassment-especially if they fine you. Then your only challenge would be to make sure it doesn’t end up in the hands of a fruit loop court system- good luck with that.
Stay strong- fight the good fight. You are doing nothing wrong. Force them to deny you your right to free speech- then take them to court! Good luck.
Ignore them till all the other “flags” come down. Then take yours down.
Can you counter-sue for being offended by the Obama Nation flags? After all, ANYONE who is offended for any reason seems to be able to sue these days.
The US Navy is currently flying the Don’t Tread on Me flags, I believe. I fly one at our home too. Perhaps you can say you are flying it to support the Navy.
Those HOAs are Bolsheviks, I think. Don’t know what your legal rights are within the Marxist Nation where you reside, but I would fly it. Do you have a Molon Labe one you can fly too?
Also get a picture of those other flags for documentation.
Then contact the ACLU. Those b@stards occasionally are on the “right” side. If they refuse to support you let us and the local paper know.
Call Fox News. Pick your favorite Fox Host and get one of them to put your case on the air.
One of the hosts will take this and run with it.
I love Glenn Beck, try him.
BOR has taken on some causes with success.
Hannity would be interested. Greta would know what is being done is wrong.
Get it out on national TV, and Fox does have the top 10 news shows.
Try it, it might work. Very best of luck to you.
I feel your pain, as I live near lots of libtards. At least I have my own 20 acres as a buffer zone.
To be in condos with them is not something I’d tolerate.
Hey if they don’t like the “Don’t Tread On Me”
try “LIVE FREE OR DIE” and see if any of the libtards stroke out! They love diversity, as long as everyone agrees with THEM. Socialist libtards. Can’t live with ‘em, can’t shoot ‘em. Just have to pray they have a change of heart. And remember you’re dealing with people who think aborting not yet born Americans, precious children of God, is a “right”. That is evil.
Did you aks the guy when the next board meeting was so you could present your side of the issue?
Good advice. Take lots of pictures and write the date, time and condo number. By the way the left is scared. People make laws and rules against that which they fear.
If you are in violation take it to the next board meeting asking why are they discriminating against certain owners. Be polite but firm. I would demand they treat all the homeowners the same, show them your pictures of other residents, and ask that they provide you a revision of the HOV covenants and ask when they will enforce their policy on ALL homeowners. I have learned over my life that if you just hint you will sue for unequal treatment, that is often enough to get people rather excited.
BTW-I was having my car serviced this weekend and they had on Fox News. A lady came in and she asked the group of us in there if we would mind if she changed the channel. I knew she want to change it to either CNN or MSNBC. I said I would mind as I was watching it. She said, “Oh, OK.” but I knew that she was mad. It was such a great feeling. :O)
First take pictures documenting the other flags.
Second, try to talk to the some of the other people flying flags. Even the ones flying the Obama flag. Explain the attempt to intimidate you and curtail your rights. You should be able to get some of the other flag flyers to come to the board meeting and speak in your defense if necessary. You MIGHT even get one of the Obama flag flyers to do so, if they’re interested in protecting their own rights.
You should even try writing or calling the ACLU (really). It would be more intimidating to the board if you can produce a letter from this liberal group. If they won’t help you could also try contacting a more conservative oriented legal aid group, like the American Center for Law and Justice. (Even though they’re more oriented toward religious rights, they might be able to help or give a referral.) The idea is to have a letter from some lawyers, indicating that someone has your back and would be willing to make a fight of it if the board insists.
For those who are adept in legal research I have heard that by law all the flags used in the American Revolution are lawful flags usable for any lawful purpose.
By the way, Ken Cuccinelli, the republican candidate for Attorney General of Virginia has adopted the Gadsden flag (Don’t Tread On Me) to be used during his campaign.
It was all over the floor of the Virginia Republican convention in May. Unfortunately, I haven’t seen it used prominently since the convention.
Gadsden flag site - http://www.gadsdenandculpeper.com/100nylheavdu.html
Anyone that is stupid enough to move into anything that has a “HOA” deserves anything that they get! NEVER surrender your rights EVER!
Selective enforcement of rules is a big no no...Civil rights and all that stuff...all flags down or none..also selective harassment seems to be a big no no also
There is a specific California law allowing flags and banners for HOA. I don’t know if it applies to condos.
http://www.hoalawblog.com/davisstirling_act_1/13536_displaying_of_noncommerc/
First, review your HOA agreement. IF it truly does prohibit flags, then you should attend the next HOA board meeting to demand that ALL flags be removed, or the stricture be stricken and you are to be left alone.
Keep detailed notes of all conversations, keep all communications.
Make your own demands. Throw it back in their faces. You don’t need a lawyer at this point.
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