Disabled Rock Hill veteran vows to fly American flag, whether HOA likes it or Not

The rock hill herald ^ | 7/23/15 | Andrew Dys

[NotchJohnson]

ROCK HILL After five combat tours, including Iraq and Afghanistan, Marine Corps veteran Gary Pittman of Rock Hill believes he has earned the right to honor the nation he fought for by raising and lowering the American flag every day.

He wants to fly the stars and stripes prominently – from a flagpole in his front yard. He also wants to fly the Marine Corps flag underneath the American flag on the same flagpole.

Pittman has applied for a permit from the Norwood Ridge Homeowners Association, but he has not yet been given an answer.

Read more here: http://www.heraldonline.com/news/local/news-columns-blogs/andrew-dys/article28406581.html#storylink=cpy

[NotchJohnson]

The 4th of July parade is just lip service I believe.

[FlingWingFlyer]

But...but...but. He’s “offending” all of the foreigners who have to live here in order to get government handouts. sarc/

[Logical me]

Millions of Americans have turned into real communists shi!. It all started with the realization that 2/3 of Americans in the 2008 Presidential run were idiots. And the population is damn near the same. The absolutely do not believe in freedom and so depend on the Government. They forgot that being patriotic with the understand where their freedom came from and is protected by a Constitution, not damn politicians, they disrespect out flag.

[MIchaelTArchangel]

Since we can no longer call faggots homos, can we call members of Home Owners’ Associations Hom’O’s?

[Vaquero]

I would never move into a home regulated by a homeowners assn.

[arthurus]

Anyone who lives in a property subject to an HOA knew what he was getting when he bought the property or voted with his neighbors to set up the HOA. He has no property rights, He pays the bills and can sell it but the HOA owns all the other property rights.

[BlueNgold]

One more reason to never ever ever buy a home in an HOA community.

[Wally_Kalbacken]

There you go.

My favorite GA Supreme Court quote is in a contracts case, but it applies here:

“Those with the ability to read have the duty to read...”

When you buy in a deed restricted, HOA community, what you get is spelled out in the documents that you get in advance of the closing. Very few people read them, but lots bitch after the fact.

[wally_bert]

Never get me into one.

[Harmless Teddy Bear]

There you don't go.

There are things the HOA has no right to outlaw. Flying the US flag is one of them.

But your support of "pure democracy" is noted.

[rktman]

Roger that. The only reason we bought where we did is because we studied the “landscape maintanence association” well before hand to find out they had no power to do anything other than collect $240/yr to maintain the medians. Want to build a huge old shed? Go ahead they don’t have it in the charter to do anything. Want a horse? Giddy up.

[ErnBatavia]

In Kalifornia, HOAs can no longer forbid flying the flag....the actual court case came from a vet three doors down the street from my late parents' place in a gated community here in La Quinta. His flagpole was only about fifteen feet high.

I believe this came about around a dozen years ago.

[Tennessee Nana]

[SkyDancer]

[FlingWingFlyer]

Great post. Right on the mark and I’m tired of it. AMERICA MATTERS!

[zaxtres]

See that’s where a lot of HOA’s don’t know or don’t reveal and thus keep the home owner’s dumbed down. State law of Indiana requires all new developments to have a HOA but it also prohibits HOA’s from preventing anything that is state or federal law. While the issue here is the flag, Indiana stipulates that one can put solar panels on their home. This HOA has banned solar panels. If it were to go to court the HOA would lose. On the flipside, a quorum of majority home owners is needed to change the By-laws of the HOA. Good luck getting a majority of homeowners into vote when you barely get them to vote in a regular election.

[Domandred]

I don’t even know why this is an issue...

Freedom to Display the American Flag Act of 2005

“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.”

[Chuckster]

Joining an HOA is voluntarily surrendering a piece of your liberty. Don’t complain to me that you don’t like the rules you signed up for.

[Harmless Teddy Bear]

I wonder if anyone ever took an HOA to court as a violation of freedom of association.

We have a church campground and they have a number of rules and regulation on who may and may not "own" a cabin on the property. I have "own" in parentheses because you do not truly own your cabin. You have a 99 year lease on the building that may be revoked if you violate the terms of the lease.

However a home bought in an HOA is not on a lease but a true purchase with a deed. So if you wish to leave the HOA they should, Constitutionally, have no right to force you to remain part of what is, theoretically, a free will association.

I think the place to do this challenge would be in any state that has RTW laws. If you can not be forced to be or remain a member of a union to hold a certain job then logically you should not be forced to be or remain a member of a HOA to own a certain home.