Posted on 12/04/2009 5:34:22 PM PST by Federalist Patriot
Again this illustrates how shallow many American have become. I wonder how many of the homeowners opposing him are Liberal pantywaists? You know, the kind that if there was a real emergency where law breaks down would be demanding that someone put their life on the line to protect their sorry behind or would flee to Canada if called on to serve.
Go, Van, go!
Too many damn rules.
I am surprised he cannot see that the nation he bravely served is one of laws. Laws exist to enforce contracts. He contractually promised his neighbors to abide by their rules. Their rules prohibit this type of flagpole.
I am also dsiappointed that the HOA cannot see its way to bending its rules for an aging veteran who will probably not be with them much longer.
On a side note, I once stayed at a beachhouse for a week that was next door to some one who had a large flagpole. Something metal on that flagpoles line banged against the pole all night long and made it almost impossible for me to sleep. I managed to correct the issue after a couple of sleepless nights.
I wouldn't reflexively support this guy, even if he is a World War II veteran. I'm just as critical of HOAs as anyone, but having seen this sort of thing up close I know there are inherent risks associated with an HOA's failure to enforce its rules.
For example . . . if they don't enforce the rules in this case, they'll seriously risk losing any standing to keep someone from flying an Islamic banner during Ramadan.
I agree with you about him being exceptional, but for this man fighting for his flag is nothing new. This is no doubt the easiest battle he’ll ever win, if his history is any guide to go by. So I don’t think it is causing him much angst...rather anger, and his anger is something to fear. He is no victim.
It was supposed to be down by 5PM today “or else.” Anyone have any up to the minute info?
You must be a inlander man what i would give to only hear the sounds of rigging in the air like music to my ears
“I wouldn’t reflexively support this guy, even if he is a World War II veteran.”
I will. And I’d be glad to demonstrate my reflexes to anyone who tries to stop him. We both have access to the same information...and his claim is that there is no rule against what he is doing.
I choose to believe the hero. You believe the bureaucrats.
“He contractually promised his neighbors to abide by their rules. Their rules prohibit this type of flagpole.”
Where can I find this rule? Which page of the rulebook? Could you quote it in its entirety so we can all know what it says?
You do have a copy of the HOA agreement, don’t you? No? Then you don’t know what “rule” he is breaking.
Unless you think all HOA’s get their standard mark 1 agreement from LegalZoom.com.
It’s always neighborhoods with HOAs in which all this kind of drama occurs.
The HOA has made this claim and he has not denied it, according to the articles I have read and clips I saw on TV. Instead, as I understand it, he argues that the HOA bylaws (or whatever this HOA calls its ruled regarding the flagpoles) is unlawful and/or unenforceable.
This is in my community.
In Virginia an HOA must provide a disclosure packet at the time of a property closing to the buyer that specifically states that Flag pole are restricted or prohibited. I know that only about 50% of the HOA’s actually provide the disclosure packets (which include the restrictive covenants) for property sales.
If the information is not provided by the HOA it rule on flagpoles becomes unenforceable for that property owner. That’s the State law.
I read in the local rag today that they are negotiating over this issue so it may turn out that the HOA did not provide the disclosure packet info.
They have been arguing this issue in the community for several weeks now. They have, in all likelihood, asked for a legal opinion of their governing documents and are operating with legal advice.
A lot of HOAs have restrictions on flag poles; this is not something new. And every time someone erects one without going through the channels and getting a waiver, the fly-by media and the uninformed automatically assume that everyone who lives in the neighborhood is a liberal or a commie.
The issue is NOT the flag; it never is the FLAG. It's the FLAG POLE.
Failure by the community to enforce the rules opens the Board up to a lawsuit by the residents for failure to enforce. Enforcement opens the community up to criticism by those who don't live there.
He knew the rules of the community when he moved in. He knows there is a process to get something like this approved. He chose not to follow the process, which forces his neighbors, the Board, into the position of the heavy or risk a lawsuit that could financially impact EVERYONE who lives in the neighborhood.
Despite his heroic service, he will lose in court.
The Board could issue a special waiver for him, if he had gone through the permiting process prior to erecting the flag pole.
He didn't do that, and has forced their hand.
Now, the Board is in a bad spot. If they don't enforce the governing documents, they can be sued. If they do enforce the governing documents, they are dragged through the media.
And for all the folks who think that the Board should just ignore this, a lawsuit brought against the Board for "capricious and arbitrary" enforcement of the governing documents costs them big. If their D&O insurance doesn't cover them, then all the rest of the neighbors in the HOA have to pick up the legal tab and the Board, theselves, can be held PERSONALLY and FINANCIALLY liable.
So, folks need to consider if they would risk THEIR personal fortune to protect a man who doesn't want to abide by the rules he agreed to when he bought the house.
I have not heard or read that reported; sounds like he may have an argument.
I agree, the governing documents should be made available to a potential buyer as part of the selling documents.
Should be interesting to see how this plays out.
I wish the Vet had at least approached the Board for a waiver before moving ahead. All of this could have been avoided.
Best of luck to all of you, and please let the Board know that some folks out here support their service to their neighbors. I'm sure this is not what anyone of them wanted when they volunteered to serve.
Single family homes in non-HOAs only have City ordinances.
HOAs operate under an additional set of conditions for property use; which means that they can be stunningly beautiful, but also meticulous.
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