Replies

If those bastards can BURN a flag on public property, then ANYONE ought to be able to fly a flag on their OWN private property!

As ridiculous as the controversy is, this person should have never chosen to live under the authority of the homeowners association.

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

For two reasons: (i) one typically LIKES the bylaws of the association and thinks that they'll keep the value of the propery up, and (ii) in some areas it is not the question of whether to live within an association but which of them -- there are hardly other choices.

Property values. (Allegedly.) Glad I don't live in one!

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

Me niether. In a nation which has spilled so much blood for freedom, why anyone would pay money to live in a little communistic community controlled by a power-mad politburo mystifies me. To pay good money for a home, and then willingly allow others the power to take away that home, borders on insanity.

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

Although I would never buy real property where I had to be a member of a homeowners' association ("HA"), many people do for several reasons. First, they either don't read the purchase contract of prospectus, or don't truely understand or appreciate the powers of an HA. Second, HA's are able to enact private zoning and land use restictions that go beyond the powers of local government, which are subject to constitutional and statutory restrictions (although that's hard to believe in view of the last few SCOTUS decisions on the government's right to restrict private land use). Third, HA's are often more responsive and efficient than the local town board, highway department, or zoning enforcement administrator, who may take months to fill in a pot hole or to commence zoning enforcement proceedings against your neighbor who keeps a herd of goats grazing in the front of his 1/16th of an acre parcel, in violation of the local zoning code.

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

In California, a good homeowners association is practically mandatory. Why? Because they can pass rules that governments can't...like one family per house. We've had a recent phenomenon out here where Jose Farmworker will buy a house, and then move in 40 of his closest relatives in order to afford the house payment. This typically means 15 screaming kids keeping the neighbors awake at night, 10 cars parked in the street and lawn (usually 1 or two on blocks), a house that quickly looks like something out of a Tijuana slum, and the occasional live chicken.

The only way to avoid this is to A) buy in neighborhoods so expensive that the farmworkers could never afford to buy in. Or B) buy in a less expensive neighborhood with a HOA that restricts those things. My home is currently up for sale (buying up), but I live in a neighborhood with a HOA run by intelligent, normal fellow homeowners. We restrict the number of cars you can have (you can only have one parked outside at night...since we have three car garages, each house is effectively limited to four cars), the number of people you can have (four per bedroom), prohibit any outdoor animals other than dogs and cats, and require that everyone keep their home in a condition "comparable" to the rest of the neighborhood (that means: mow your lawn, trim your bushes, fix any seriously chipped paint, and no neon green paintjobs).

The trick to having a good HOA is participation...you need to participate and you need to convince your neighbors to participate. Our HOA doesn't have a "president", it has a governing board elected once a year with a two consecutive-term limit (based on the address in order to keep a single household from hanging onto a seat). We also have a "no-confidence" provision that will allow the residents to disband the board with a 2/3rds vote and hold new elections. All of this works to keep our board honest, and keeps the power mad ninnies from damaging the neighborhood.

Oh, and nearly everyone in our neighborhood flies the flag, and several have poles. There was a provision in the original HOA rules (drafted by the builder) that prohibited flag flying, but we scrapped it in our first meeting after taking the HOA over.