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Nativity owners granted reprieve (HOA backs down!)
The Oakland Press ^ | 11.30.05 | JERRY WOLFFE

Posted on 11/30/2005 2:04:38 PM PST by apackof2

NOVI - After a massive show of support for a Novi family that was threatened with fines unless it removed a nativity scene, the subdivision's homeowners group late Tuesday "retracted the notice sent concerning a lawn ornament display.

Frank and Betty Samona were threatened with up to a $100-a-week fine if they didn't remove statues of the baby Jesus, Mary and Joseph and other Christmas items. The Samonas planned to hire an attorney to challenge the order from the homeowner's association in the posh Tollgate Woods Subdivision, where homes are priced from the mid-$400,000s and up.

Kramer-Triad Management Group, L.L.C. of Ann Arbor, which helps manage Tollgate by doing the bidding of the association's board of directors, had threatened the Samonas with the fine before the family's plight rallied support from neighbors, the legal community and WRIF-FM radio station and its listeners.

"The Board of Directors of the Tollgate Woods Subdivision has retracted the notice that was sent concerning a lawn ornament display in the subdivision," the statement said. "There was no intent in the notice to denigrate the holiday spirit as displayed by the residents of our community. The homeowner that filed the original complaint has also rescinded the complaint. We have sent a letter of retraction and apology to the Samona family."

One of the Samonas' four sons, Randy, 28, said he had "no comment on the retraction until we get the letter." But, he said, "we have the right to express our faith."

The Chaldean family came to the United States from Iraq more than 30 years ago, said Joseph Samona, another son, "seeking a better life" and, partly, for religious freedom.

The decorations were set up "before Thanksgiving" and within a week, the family received a notice to take them down, the mother, Betty Samona said.

"Over my dead body, will we pay a (fine) or remove them," said Joseph Samona, 16, who attends Walled Lake Western High School.

Kramer-Triad had claimed the Samona family signed a homeowner's association agreement that included a section forbidding "outdoor art." It ordered the "nativity scene removed from your front yard." If not, the Samonas could have been fined up to $100 a week.

"We believe that homeowners should be able to express their religious or political views on their own property," said Wendy Wagenheim, the director of communications for the ACLU of Michigan. "If the homeowner's association went to court, it's questionable whether these regulations could be enforced."

One of the Samonas' neighbors, Elaine Palmer, said she didn't have any problem with the holiday decorations. "I'm in favor of it. I like it lot," said Palmer, who added that "I don't remember signing anything saying I wouldn't put up any outdoor decorations."

Another neighbor, Rosanna Ouellette, said Betty Samona is "very religious and really full of faith. The first year they put it up, we thought it was a bit much. But now, it's a part of Christmas."

Before he learned that the notice was retracted, Marc Fellhauer, producer of 101.1 FM WRIF's "Drew and Mike Show," said: "We totally encourage them to keep it up. We naturally offered to pay the fine. We also had many listeners call in who said they'd help pay any fines. There is overwhelming support on the Samonas' side."

Betty Samona said: "I will put up more decorations, no matter what."

Sheryl Walsh, community relations director of Novi, said: "The city (of Novi) has no ordinance against it (religious displays). We are a very culturally diverse community. We allow for everybody to celebrate their customs and religious beliefs."

FOR DISCUSSION ONLY


TOPICS: Culture/Society; News/Current Events; US: Michigan
KEYWORDS: christmas; hoa; mi; nativity; novi; scoreoneforjesus; subdivision
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HOA back downs after the public outcry

Good, the "Reason for the Season" display stays!

1 posted on 11/30/2005 2:04:40 PM PST by apackof2
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To: apackof2


Scary that a HOA can take your freedom like that...


2 posted on 11/30/2005 2:09:31 PM PST by Tzimisce
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To: apackof2
I'd be glad for a Nativity in my neighborhood.

There's one house here with bad concrete deer wot look like oversized Chihuahuas, and another with bloody GNOMES.

3 posted on 11/30/2005 2:12:47 PM PST by George Smiley (This tagline deliberately targeted journalists.)
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To: Mikey_1962; PBRSTREETGANG; Labyrinthos; frogjerk; bigsigh; GregoTX; G.Mason; brownsfan; ...
Original Story Here
4 posted on 11/30/2005 2:14:43 PM PST by apackof2 (I was born an American; I will live an American; I shall die an American. Daniel Webster)
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To: Tzimisce

I'm of the opinion that regardless of what a person signs or waives or what ever, they NEVER give up their Constitutional rights. Esp to an organization that is subject to the same Constitution.


5 posted on 11/30/2005 2:15:41 PM PST by taxcontrol (People are entitled to their opinion - no matter how wrong it is.)
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To: apackof2
"The homeowner that filed the original complaint has also rescinded the complaint."

Sorry ass 'neighbor'.
6 posted on 11/30/2005 2:16:52 PM PST by Texas_Jarhead
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To: apackof2

Ah, yes:
the "Peoples Republic of Novi" is what my wife and I called the place, when we had the misfortune of (briefly) living there.

Hardly anything the folks around there would rather do than mind their neighbors' business.


7 posted on 11/30/2005 2:17:12 PM PST by Redbob
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To: Tzimisce
Scary that a HOA can take your freedom like that...

This is good news indeed, but as long as it's documented in the HOA rules, it's an agreement the home owner entered to. They don't really take your freedom, you agree to give away rights. No one is taking freedom away here...

I'm actually a big supporter of HOA's and am glad we live in a neighborhood with one. I would hate for my property value to be affected by people not taking care of their property, parking on the grass or habitually on the street or sticking window unit AC's in their houses. No one is forced to live in a house under HOA rules, it's something the home buyer agrees to. While I support the homeowners goal here (and am so sick of all the PC "Holiday" crap it's called Christmas and is in the celebration of the birth of Jesus Christ and should be called such), if they agreed specifically to not display a nativity, then it was not a freedom being taken away but rather they agreed to give away.

HOA's with common sense rules are important to maintain a neighborhood's quality, safety, and value.
8 posted on 11/30/2005 2:17:35 PM PST by TexasGunLover ("Either you're with us or you're with the terrorists."-- President George W. Bush)
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To: All

I gotta go to class, thanks for your comments...carry on!


9 posted on 11/30/2005 2:17:56 PM PST by apackof2 (I was born an American; I will live an American; I shall die an American. Daniel Webster)
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To: apackof2

Ah, the annual 'Creche Menace' story; right on schedule.


10 posted on 11/30/2005 2:26:37 PM PST by 6SJ7
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To: Tzimisce
Scary that a HOA can take your freedom like that

They can't. They can only try if you let them. Take 'em to court...they will loose 99 percent of the time and can't afford to pay the lawyers.

11 posted on 11/30/2005 2:28:34 PM PST by Don Corleone (Leave the gun..take the cannoli)
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To: TexasGunLover
HOA's with common sense rules are important to maintain a neighborhood's quality, safety, and value.

That is pure Barbra Striesand! Neighbor peer pressure does the job just fine without a bunch of pseudo lawyers and power hungry board members dictating what color you can paint your home or what branchs you can prune from your trees,

12 posted on 11/30/2005 2:32:03 PM PST by Don Corleone (Leave the gun..take the cannoli)
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To: TexasGunLover
HOA's with common sense rules are important to maintain a neighborhood's quality, safety, and value.

That is pure Barbra Striesand! Neighbor peer pressure does the job just fine without a bunch of pseudo lawyers and power hungry board members dictating what color you can paint your home or what branchs you can prune from your trees,

13 posted on 11/30/2005 2:32:27 PM PST by Don Corleone (Leave the gun..take the cannoli)
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To: apackof2

Thanks for the article & ping apo2! and good for the neighbors with sense to recognize that Christmas decorations is really stretching "outdoor art".. disgusting that this sort of thing even comes up. Now if they had the musical/flashing lights that has been going around the Internet they might get more of a fight..


14 posted on 11/30/2005 2:34:37 PM PST by DollyCali (Don't tell GOD how big your storm is -- Tell the storm how B-I-G your God is!)
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To: apackof2
The Chaldean family came to the United States from Iraq more than 30 years ago, said Joseph Samona, another son, "seeking a better life" and, partly, for religious freedom.

Not hard to see they aren't taking the freedoms here for granted, God bless them.

15 posted on 11/30/2005 2:36:52 PM PST by Ladysmith ((NRA, SAS) Support Zien's PPA/CCW bill in Wisconsin.)
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To: apackof2

Sad that Arab Christians come here to escape the mad Mullahs and run smack into...mad control freaks.


16 posted on 11/30/2005 2:38:15 PM PST by Clock King ("How will it end?" - Emperor; "In Fire." - Kosh)
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To: TexasGunLover
...or sticking window unit AC's in their houses.

LOL! Are you serious?! That actually bothers you?!

...whew... Our freedoms are in SO MUCH TROUBLE!

17 posted on 11/30/2005 2:44:08 PM PST by Ladysmith ((NRA, SAS) Support Zien's PPA/CCW bill in Wisconsin.)
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To: apackof2
"Nativity owners granted reprieve (HOA backs down!)"

Just tell the fascists weinies that it's not a nativity scene, it's a tribute to a homeless family.

18 posted on 11/30/2005 2:47:01 PM PST by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopechne is walking around free)
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To: apackof2

Thank you for the update ping. Always good to see people stand up to the neighborhood-nazis and win once and awhile.


19 posted on 11/30/2005 3:01:33 PM PST by GregoTX (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: apackof2

Glad to hear that this family won the battle-what a ridiculous thing for an HOA to get their thongs in a twist over. Nazi HOAs are one of the reason we moved to the country-and our property values are as high or higher than comparable ones in the city.


20 posted on 11/30/2005 3:08:33 PM PST by Texan5 (You've got to saddle up your boys, you've got to draw a hard line..)
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