Posted on 12/05/2009 5:32:50 AM PST by Silly
And I’m only 30 miles from Ann Arbor.
I think that's the nail in the coffin.
The HOA is saying they are not preventing him from flying a flag. He can do that (as many do) on a diagonal pole attached to his house.
However, he wishes to fly his flag from a vertical mast, which he has always done, based on military practice worldwide. They are, in fact, trying to "restrict" this method.
That is why I think they will lose.
And when that happens, I hope other residents plant more flagpoles.
I agree. I think that particular code is far more appropriate in the Colonel’s defense than any argument based on the subjective nature of the HOA bylaw or covenant. It is clear that the HOA, any HOA, may not restrict or prevent the Colonel or any other citizen from flying a flag in a manner described in the Flag Code, and he is, of course, doing precisely that.
Hoping that he hasn’t forked out any $ on defending himself, or that he will be reimbursed since these complaints appear baseless on multiple levels. Do you know? And is there a fund or collection or a place we can donate to help him with the legal fees?
He is getting pro bono representation from a law firm.
Uh...yes there is. Just not one about flag poles.
Got it. you spouted off ignorantly, first thing. (nodding head) Thanks for letting me know
Like them or not, HOAs and their governing documents are there for a reason. If I were living next door to the guy I would probably have the same concerns. Not that I have anything against someone flying an American flag, but because if the HOA doesn't enforce this rule now they may forever preclude themselves from enforcing it when some @sshole wants to fly a Nazi flag on Hitler's birthday, an Islamic flag during Ramadan, etc.
Read the story: There is no such rule.
The bylaws do NOT prohibit flagpoles; they are silent on the matter.
Actually, it seems that there is no covenant or bylaw addressing flagpoles, and the charges are based on an obscure and subjective ‘aesthetic violation’ charge. In addition, there is a section of the Flag Code which specifically prohibits HOA’s from preventing citizens from flying the flag, so long as it is done in accordance with the proper etiquette found in the Code.
Ordinarily, I’m with you in the ‘HOA’s are stupid, but you joined it’ camp. However, in this case, it seems to be that the HOA is in violation of US code and the homeowner is in the right.
Have you ever considered chamomile tea? :)
Not to mention that US code prohibits HOA’s from preventing individuals from flying the flag on their property (so long as they are following protocol outlined in the Flag Code).
Wow. You gotta pull that flagpole outta your butt. I think it’s the source of the extreme pain you’re in.
Sure makes me glad my home is in a Plain Ole Neighborhood, without all the protections of an HOA.
Better to post POS advice that to be a POS.Grammatical error or Freudian slip, since it does point back at you, Lee, oh yes, if you read it carefully you see that your grammar error makes you the object of your own quip. Kind of like hoisting yourself with by your own petard.
If the HOA board can demonstrate that their refusal to permit this flag pole is consistent with their response to other similar requests (and maybe even if it's not), then he's got no legal leg to stand on.
“with by” — LOL!
Now everyone shut up about this and stop stinking up my thread!
kthxbai
Except the prohibition outlined in the US flag code.
good to hear it worked out for you and your family
There are very specific legal implications of the term "titled property" and "limited common area," so the Federal statute may not apply in this case.
FWIW, I suspect the Federal statute is exactly what this HOA had in mind when they drafted the rule that permits residents in the association to fly flags that are mounted on their porches or on the outside of their actual houses.
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