Posted on 10/28/2014 11:11:18 AM PDT by Kaslin
An elderly veteran and his wife say there’s “absolutely no way” the flagpole outside their Indiana home is coming down, despite threats from a homeowners association — and a local prosecutor intends to back them in court if necessary.
Bob and Judy Willits insist they intend to fight multiple letters from the Fieldstone Homeowners Association regarding the American and POW/MIA flags outside their Greenfield home. The couple was first told in early September that the freestanding patriotic display wasn’t welcome since it wasn’t mounted to the home.
“We have absolutely no plans to take it down,” Judy Willits told FoxNews.com on Tuesday. “It would be kind of a bloody situation if we had to take the flag down at this point.”
(Excerpt) Read more at foxnews.com ...
I think several states have laws banning the banning of flag displays
I am ascribing the concepts of contracting, property title, and the rights of the owner/builder to determine what type of community they are building on the land they own. Subsequent buyers are restricted by those rules and covenants.
And yes HOA’s have a governing body which are usually elected? So what?
The HOA is the one violating property rights, that law protects it.
The builder does not get to decide how future owners use and live in it.
A federal law should prevent a private owner, the HOA from regulating how they chose to run their property and association?
The HOA is NOT the owner.
I thought it might be USSC, but glad to see it.
I can fly any flag I want (waiting for my ISIS/Obama flag) on my condo bacon, but can’t hang it over the railing.
On July 4 and other holidays we fly the flag and hang bunting over the rail. Nobody says anything. But the rules prohibit anything over the rail.
My wife is adept at following the rules and doing what needs to be done. She;’s was dual citizenship tom the Philippines and don’t get between her and displaying the flag.
Nor is he.
Of course they do. Do you own property. Have you ever read your title report? Try to change it unilaterally.
Under HOA’s it’s called title and covenants and rules. Can’t change without vote of all owners.
I’m really not patient enough to do your remediation. I can’t believe you don’t know this.
http://www.nolo.com/legal-encyclopedia/can-your-hoa-prohibit-you-from-flying-your-favorite-flag.html
If it is against the Constitution to burn a flag, isn’t it unconstitutional to ban its display?
...
This dispute is about the flagpole, not the flag. He can display the flag attached to the front of his house like everyone else.
The law supercedes the HOA nazis. And the law states that the HOA must have a “substantial interest” in banning the means of displaying the flag. There is no “substantial interest” in having tomow aroundflower beds unless all flower beds are banned by the local nazis, which they are not. Too bad for you, eh?
Just do not join the HOA or get enough residents to abolish it. But the HOA covenants that violate state law are null and void.
LOL. Law school in Zambia?
It is not unconstitutional to burn a flag.
https://tribwxin.files.wordpress.com/2014/10/letter-to-hoa-from-michael-griffin.pdf
actually I think England 300 years ago. We got most everything from there.
The HOA is NOT the owner.
The property owner is the owner.
HOA stands for Home Owner’s Association. The Home Owner’s Association does NOT own this man’s property.
Thanx. I think it’s the same info as the case cited in the link I posted.
you’ve had a big shift in your comments. See you can do it!
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