Law Says Homeowner Groups Can't Bar Flag Flying

Local 6 (Florida) ^ | July 25, 2006

[Steve_Seattle]

"Having a nosy-neighborood "authority" tell you what to do on your own property is, in my mind, a flagrant violation of individual rights."

This country was founded to some extent by people who created what are now called "intentional communities," i.e., communities formed around a particular religious or social ideal. People who did not share those values formed communities of their own. In those days, the federal government left them alone because the federal government was not thought to possess constitutional authority to regulate local communities.

So I think this law is bad law as far as our Constitution and our history are concerned. Would you support a federal law that prevented people from creating a small community organized along religious or philosophical principles? Should the Amish be outlawed?

[Just another Joe]

but imagine a "neighbor from hell" who decides to hang a circus-tent-sized flag from the balconies on a daily basis ... when you're trying to sell your next-door condo ...

Depending on the buyer, it could be a selling point.

[Stoat]

To All:

Although I haven't seen the actual, full text of the Bill, one sentence in this news article may cause some additional complexity to the matter:

" .....that would bar condominium and homeowner associations from restricting how the American flag can be displayed. "

I am assuming that this law would not usurp or abrogate any preexisting Federal laws pertaining to the display of the American flag, but it may cause proponents of this law to wonder what they have wrought when they discover that their neighbor in the homeowner's association-administered area is a hard-Left Moonbat who intentionally displays his flag in a disrespectful manner.  Although this of course can happen anywhere, one of the reasons why people move into neighborhoods that have a homeowner's association is precisely for the purpose of eliminating such interpersonal conflicts (i.e. the Anarchist Neighbor From Hell who paints his house black and blacktops his lawn).

It will be interesting to see how this all plays out.

[maine-iac7]

Why people continue to invite such authority into their lives is beyond me.

me also.

People who voluntarily put themselves into a situation where they are dictated to - house color, how many, how old their vehicles, etc etc etc - and pay for the privilege of being dictated too (Association fees) are a puzzle to me.

I wouldn't last long in such a 'gulag'

[top 2 toe red]

I take it you have been in your Seattle property for a long time...but, surely you must know that MOST property on the Eastside REQUIRES membership in a HOA.</P>

After 3 years in Seattle, we decided we preferred Eastside living, even with the restriction of HOA...better than Capitol Hill living in OHO!

[HEY4QDEMS]

but imagine a "neighbor from hell" who decides to hang a circus-tent-sized flag from the balconies on a daily basis ... when you're trying to sell your next-door condo ...

It's the price that ends up being paid because of abuses by overzealous HOA officials who are drunk with power.

Not for nothing, but a circus tent sized flag may be just the reminder that these facists need to curtail any future acts of unreasonable control. The ultimate smack down if you will.

[Stoat]

It was passed unanimously by both the House and the Senate.

Amazing! Not even Baghdad Jim McDermott voted against it?

Perhaps he was napping or off attending a pro-Palestinian rally?  :-)

It was passed unanimously by both the House and the Senate.

Amazing! Not even Baghdad Jim McDermott voted against it?

[MrEdd]

While I find the idea of Homeowners' associations putting such restrictions on homeowners to be repugnant, I also find no language in the Constitution that grants Congress the power to make a law such as this uphold property rights that existed at the time it was written.

Two wrongs don't make a right.

Corrected it for you.

[oyez]

If a guy can fly a huge American flag by the same token he could fly a huge Nazi flag.

[Madeleine Ward]

We live in an Association. It's a development right next to Hoosier National Woods. There are 24 lots, so it's a small association.

From what I can see, the Association facilitates road maintenance (we have gravel roads). It negotiates on our behalf for garbage services. The 'rules' are primarily to protect our property values first, and then secondarily the overall experience of living there. Most of us live out here because we respect peace and quiet, nature, outdoor activities and privacy.

We don't have a lot of rules, and rather than create a rule, the first approach is simply to talk to a homeowner or lot owner if some behavior is problematic.

My sister recently built on a lot out here, and her neighbor's boy was running a four-wheeler up and down the road. He was running it full speed, and it was really loud. It would go on all day on the weekends, and during the evenings during the week.

My sister was getting herself all worked up about setting up 'rules' at the next association meeting. But I said, 'why don't you speak to the neighbor or to the Association President first. He's just a kid. And some people really don't know they are disturbing others unless they are told. They might surprise you and respond without making a big deal out of it.'

Sure enough, the fast, loud, and endless 4 wheeling ceased. The boy now rides around sensibly, and the engine only purrs.

[HEY4QDEMS]

I anticipate a large increase in the amount of rainbow flags throughout HOAs across the country.

[Stoat]

If a guy can fly a huge American flag by the same token he could fly a huge Nazi flag.

I believe that such an action is already barred by law on the grounds that it would be 'disturbing the peace".  I THINK that swastikas can only be displayed during legally sanctioned marches and rallies, although I may be in error.

[HEY4QDEMS]

Association facilitates road maintenance (we have gravel roads). It negotiates on our behalf for garbage services.

You can form a co-op with your neighboors and achieve the same thing without giving someone the authority to impose rules on you.

[from occupied ga]

Here's a big raspberry for all of you that love HOAs

Here's a big wet f@rt for HOA lovers.

[pageonetoo]

If a guy can fly a huge American flag by the same token he could fly a huge Nazi flag.

Yep. But, this is about an American's Flag, and about legislation concerning who has the right to fly the American flags wherever in America.

I didn't read anything that would allow the nazi flag.

[mysterio]

Anything bad for the tyrants in the HOAs is good for America. This is a good law.

[Madeleine Ward]

We didn't give them the authority.

It was a development and association that we bought into.

We are not having any problems with our association, its function, nor with the 'rules' which are neither restrictive nor intrusive.

I have read about some of the nightmare stories, but we are not experiencing any such problems.

Of course, we don't have moonbat neighbors.

[knarf]

"This country was founded to some extent by people who created what are now called "intentional communities," i.e., communities formed around a particular religious or social ideal."

A point often overlooked or intentionally kept down, when contemplating the fabric of American society.

The central states used to be the Bible belt ... Now it's "fly over country" .. as if to say, no one stops there to live, just those hick farmers.

We'd better get a hold on what words are used in our language and continually fight against the modern definition and practice of multi-culturalism.

[Steve_Seattle]

I take it you have been in your Seattle property for a long time...but, surely you must know that MOST property on the Eastside REQUIRES membership in a HOA.

I'm actually in Shoreline, since 1983; I grew up in Seattle proper. The only HOA community that I was aware of was Mill Creek, where my sister almost moved, but declined because of the HOA stuff. But I guess you're right - a lot of these new East Side, quasi-country club developments probably have HOA rules.

[Steve_Seattle]

"Anything bad for the tyrants in the HOAs is good for America. This is a good law."

I think it's a serious mistake to see this law as a triumph for individual rights. It's a triumph of federal power over state and local rights, which only incidentally happens to favor individual homeowners in this case.