A (too) high-flying flag? Marine vet's 20-foot flagpole has homeowners association filing suit ...

HOUSTON CHRONICLE ^ | Jan. 7, 2011, 4:49AM | MIKE MORRIS

[Atlas Sneezed]

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?

[Atlas Sneezed]

That is the sound of freedom, you HOA commie idiots!

---

Unless you think that freedom to enter into a contract, and have the other party uphold his promises doesn’t count.

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?

[Atlas Sneezed]

I shouldn’t get sucked into these FR HOA threads.

But they do serve as a useful “moron detector.”

[cowboyway]

Like the 'Freedom to Display the American Flag Act of 2005', which says, in part, that a homeowners association "may not adopt or enforce any policy … that would restrict or prevent a member of the association from displaying the flag."

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.

[E. Pluribus Unum]

The covenant was in place when he purchased his residence.

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.

[Syncro]

They are restricting the member in his display of the flag.

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.

[HighWheeler]

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.

[deport]

The text in question:

SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

SEC. 4. LIMITATIONS.

Nothing in this Act shall be considered to permit any display or use that is inconsistent with--
(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or

(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

[Syncro]

His best bet is to put it on top of his house.

That would comply with the CC&Rs

[Semper911]

Regarding the HOA rules and the owners' contractual obligations, I could care less.

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.

[gman992]

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)

[A.A. Cunningham]

How much less could you care?

[Mayr Fortuna]

And so, there is a Covenant at place...

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?

[E. Pluribus Unum]

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?

[Mayr Fortuna]

You just don´t want to understand don´t you?

No Contract supersedes USA Constitution.

[E. Pluribus Unum]

You just don´t want to understand don´t you? 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.

[E. Pluribus Unum]

So, where in Brazil did you take your US Constitution studies?

[Crawdad]

Wow. A guy can be both a Marine and a dumbass at the same time. Who knew?

[Crawdad]

Wow. A guy can be both a Marine and a dumbass at the same time. Who knew?