Homeowner Must Pay $102,000 For Flying the American Flag

American Homeowners Resource Center (AHRC) ^ | January 25, 2003 | Shu Bartholomew

[FreeTally]

There was nothing in the contract we signed either.

Hmmm.. sounds like a material breach and a basis to rescind the sale, but maybe someone out there is a Real Estate Lawyer?

I'm not so sure about that. You signed the deed which vaguely refers to any possible "covenants and restrictions". This being a sale of a new home, I'm not sure exactly what the salesperson was required to do. However, the concept that applies is called "constructive notice". That essentially means "if you could have found it out, i.e., the documentation was available, you have no recourse". Notice is assumed by the existence of public records. Covenants and restrictions are recorded at the courthouse. That is all that has to be done for them to be legal, whether you "knew" about them or not.

[discostu]

NA's don't have any authority over your property, but they can still screw up your life by convincing the city that you need lots of speed bumps no stoplights and a drastically reduced speed limit.

A couple of the other NA's in Tucson came up with a brilliant plan: carless roads. That's right they've convinced the city to ban cars from certain roads in the neighborhood (special dispensation if you actually live on that road, but if you only live near it drive around) and make them only accessible to peds and bikes. Then just ot make sure you find it really annoying they make the city give the peds and bikes at stoplight where the carless road meets a real road. Of course except for the signs and the tickets these ARE real roads really paid for by gas taxes and other road funds. You just can't drive on them.

Ignore that.

[metesky]

Un-freepin' believable!

[CyberAnt]

Hmmmm? Somebody needs to send this info to Hannity.

And ... send the info that there was a similar case here in San Diego - KUSI TV did the story - and the court said the "association" didn't have the authority to demand that the homeowner remove the flag pole in their yard. As far as I know - the homeowner WON - BIG TIME!!

The TV interest can keep the courts accountable for stupid judgments.

[Your Nightmare]

Is it nap time at the compound?

1. When did I put words in your mouth, dipstick?

2. http://www.acronymfinder.com/af-query.asp?p=dict&String=exact&Acronym=HOA (smart guy)

[metesky]

I stand corrected.

That's the first time I've ever been wrong, honest.

[Your Nightmare]

That's the first time I've ever been wrong, honest. Don't sweat it. I was wrong once before, too. :-)

[metesky]

Hey wait a minute!

I repeat; that's the first time I've ever been wrong.

You admit that you've been wrong before.

Neena, neena neena!

[Your Nightmare]

I was just trying to make you feel better. I've never been wrong.