Posted on 01/08/2011 6:14:39 AM PST by Mayr Fortuna
A Marine Corps veteran is being sued by his Cypress-area homeowners association because the flagpole on which he flies the United States and Marine Corps flags does not meet his subdivision's design guidelines.
Mike Merola and his lawyer, Lee Thweatt, say this is a classic case of overreach by a nitpicking homeowners association. Lakeland Village Community Association says it is seeking to enforce its rules evenly on all residents.
Standing in his backyard in a black T-shirt bearing an eagle and the American flag, the 60-year-old Merola called that argument "a lame excuse." After his application to erect a 20-foot flagpole in his backyard was denied, he protested in a series of letters and, ultimately, erected the pole anyway.
(Excerpt) Read more at chron.com ...
Your story is a surprise, and the exception to the rule that 99.9% of HOAs are established by a single owner of a development, before a single home or lot is sold.
How is it that the founder of your HOA got 2/3 or 2/4 of affected residents to sign “without notification”? I must be misunderstanding, because that strains credulity.
What are the nature of the egregious restrictions imposed? Aesthetic ones like pain color and flagpole limitations, or is this just to pave the roads or put in a water system?
That is the sound of freedom, you HOA commie idiots!
I’m appalled at the simple minded people here who think it’s OK to break your contractual obligations if you’re doing something they think is politically cool.
Have you no principles?
I shouldn’t get sucked into these FR HOA threads.
But they do serve as a useful “moron detector.”
Please read the linked article. The rules do not forbid the flying of the American flag. It simply limited the size of the pole and location: 6' pole attached somewhere to the house.
If you don't like the rule about size and location that's one thing but to try to make this about anti Americanism is disingenuous, in my opinion.
If he did not want to obey the covenant, he should have moved somewhere else.
HOAs are evil, and anybody who knowing subjects themselves to one gets exactly what they deserve.
Unless you want to say that contracts only apply when people "feel" they are fair.
That is a against the law.
What he should do is put it on the highest part of his house, completely vertically, then he would be in compliance.
That would be an even better display, and go along with their rules.
I think that would be the Cowboy Way.
This woman was completely unsuccessful with her attempted coup.
She was a typical control freak liberal, and hated by almost everyone in this strongly conservative neighborhood. She moved out a couple years later.
We are still maintaining our freedom from idiot liberal busybody control freaks.
SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
SEC. 4. LIMITATIONS.
His best bet is to put it on top of his house.
That would comply with the CC&Rs
My only point was that the neighbors had a problem with the sound of the flag blowing in the wind. I love that sound, and I don't understand why an American would not find it comforting as well.
They allow flags flying (and presumably flapping) when they are mounted to the house, so it is not the sound they have a problem with -- they are just using that as an excuse.
p.s. I would not live in an HOA neighborhood even if you gave me the house free and clear. The thought of being a subject under some random micro-bureaucrats just makes me want to hurl.
I work nights, and the flag pole that we have in the parking lot makes TONS of noise when it is whipping the wind...
besides miilitary people—especially ex-miilitary people should be following rules, and shouldn’t use that excuse for bucking the rules (like paying their bills—which is what I always hear)
How much less could you care?
And for sure it surpasses the right to bear a Flag, or even two Flags, being one of them your´s Nation symbol - namely the Old Glory?
What a Covenant Hum mm?
Why don't you propose a Covenant dismissing THE USA CONSTITUTION?
He signed a contract.
So you think contracts should be null and void if you don't FEEL GOOD about the contract?
You're FEELINGS supersede all, eh?
No Contract supersedes USA Constitution.
Could you please show me the American Flag clause in the US Constitution?
A Constitutional scholar such as yourself would have it at his fingertips.
Wow. A guy can be both a Marine and a dumbass at the same time. Who knew?
Wow. A guy can be both a Marine and a dumbass at the same time. Who knew?
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