Page 13 of 18 FirstFirst ... 31112131415 ... LastLast
Results 121 to 130 of 177

Thread: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

  1. #121
    Sage
    Dezaad's Avatar
    Join Date
    Feb 2005
    Last Seen
    06-28-15 @ 10:43 AM
    Gender
    Lean
    Very Liberal
    Posts
    5,058
    Blog Entries
    1

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by Vader View Post
    They lost. Local law prohibited their attack on the man in question. He is LEGALLY ENTITLED TO HAVE A FLAG AND A FLAG POLE.

    The far right neo-nazi HOA dickheads lost. Stop defending their sorry Nazi asses.
    There is nothing in the OP or other articles I have seen on this subject to support what you are saying. No matter how many times you say it yourself, it doesn't get any more true.

    The OP article states that the HOA chose to drop their action because they were being pressured by several Democratic politicians to do so.

    Do you have anything at all to convince us that your position has some basis in reality? Constructing all kinds of pretension does not count.

  2. #122
    Banned
    Join Date
    Jun 2006
    Last Seen
    08-29-17 @ 09:28 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    16,575

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by Vader View Post
    No, YOU are wrong.

    Local law trumps the HOA.

    Local law ALLOWS THE FLAGPOLE AND THE FLAG. You righties need to give up. You are wrong, the HOA was wrong, and ALL OF YOU LOST.

    The right-nazi HOA cocksuckers got owned like the 2 dollar whores they are.

    YOU LOSE.

    DEAL WITH IT.
    Wait a minute, now I am a rightie?

    Sorry but nothing in the post supports your claim they lost legally. They backed down, but they did not lose legally.

    Maybe you should actually read the article instead of just posting sophomoric one liners about righties and Nazis.

    Again, they did NOT prohibit him from flying the flag as you were claiming.

  3. #123
    Banned
    Join Date
    Sep 2005
    Location
    Whitewater, CO
    Last Seen
    04-05-16 @ 06:04 PM
    Gender
    Lean
    Centrist
    Posts
    8,260
    Blog Entries
    1

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by TheNextEra View Post
    Wait a minute, now I am a rightie?

    Sorry but nothing in the post supports your claim they lost legally. They backed down, but they did not lose legally.

    Maybe you should actually read the article instead of just posting sophomoric one liners about righties and Nazis.

    Again, they did NOT prohibit him from flying the flag as you were claiming.
    Pay attention .... THEY BACKED DOWN BECAUSE THE LAW OF THE LAND WAS AGAINST THEM.

    There is a law in Virginia which prohibits interference with those who wish to fly the national flag.

    The HOA idiots backed down because they knew they were on the losing team.

    Also .... Slightly liberal is the same as mostly conservative.

  4. #124
    Banned
    Join Date
    Sep 2005
    Location
    Whitewater, CO
    Last Seen
    04-05-16 @ 06:04 PM
    Gender
    Lean
    Centrist
    Posts
    8,260
    Blog Entries
    1

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by Dezaad View Post
    There is nothing in the OP or other articles I have seen on this subject to support what you are saying. No matter how many times you say it yourself, it doesn't get any more true.

    The OP article states that the HOA chose to drop their action because they were being pressured by several Democratic politicians to do so.

    Do you have anything at all to convince us that your position has some basis in reality? Constructing all kinds of pretension does not count.
    If you can do nothing but support right wing idiocy, you should leave now.

  5. #125
    Banned
    Join Date
    Sep 2005
    Location
    Whitewater, CO
    Last Seen
    04-05-16 @ 06:04 PM
    Gender
    Lean
    Centrist
    Posts
    8,260
    Blog Entries
    1

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by Dezaad View Post
    There is nothing in the OP or other articles I have seen on this subject to support what you are saying. No matter how many times you say it yourself, it doesn't get any more true.

    The OP article states that the HOA chose to drop their action because they were being pressured by several Democratic politicians to do so.

    Do you have anything at all to convince us that your position has some basis in reality? Constructing all kinds of pretension does not count.
    Under FEDERAL LAW ... flying the flag is the right of EVERY AMERICAN.

    President signs bill freeing homeowners to fly U.S. flag



    By The Associated Press
    July 25, 2006


    WASHINGTON President Bush signed a bill yesterday that bars condominium and homeowner associations from restricting how the American flag can be displayed.

    Sponsored by Rep. Roscoe Bartlett, R-Md., the measure prohibits those groups from preventing residents from displaying an American flag on their own property.

    H.R. 42 was passed unanimously by both the House and the Senate.

    "Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation," Bush said in a statement. "As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens right to express their patriotism here at home without burdensome restrictions."

    H. R. 42

    One Hundred Ninth Congress of the United States of America
    AT THE SECOND SESSION

    Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six


    An Act
    To ensure that the right of an individual to display the flag of the United States
    on residential property not be abridged.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
    This Act may be cited as the "Freedom to Display the American Flag Act of 2005''.
    SEC. 2. DEFINITIONS.
    For purposes of this Act--
    (1) the term "flag of the United States'' has the meaning given the term "flag, standard, colors, or ensign'' under section 3 of title 4, United States Code;
    (2) the terms "condominium association'' and "cooperative association'' have the meanings given such terms under section 604 of Public Law 96399 (15 U.S.C. 3603);
    (3) the term "residential real estate management association'' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
    (4) the term :member''--
    (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association;
    (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association; and
    (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.

    THE HOA DOUCHEBAGS LOST.


    DEAL WITH IT




  6. #126
    Banned
    Join Date
    Sep 2005
    Location
    Whitewater, CO
    Last Seen
    04-05-16 @ 06:04 PM
    Gender
    Lean
    Centrist
    Posts
    8,260
    Blog Entries
    1

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    How do the courts feel about scumbag HOAs that attack people who fly the flag?

    Judge rewards flagpole lawyer

    Article Courtesy of The Palm Beach Post
    By Michael Laforgia
    Friday, December 01, 2006
    Barry Silver took on a long shot when he agreed to represent a Jupiter man against a homeowners association in a tangled legal fight over a flagpole.
    On Thursday, after five years of litigation, it paid off.
    In a rare decision, a judge ordered the homeowners association to pay Silver twice his regular legal fees - a total of $126,225 - after he successfully argued the case against

    The Indian Creek Homeowners Association Phase 3B.


    Originally, Silver agreed to represent George Andres, a 68-year-old veteran at odds with his neighborhood association over a flagpole he had put in his yard, for free. By the time he came on board, a judge had ruled against Andres, and he and his wife were ordered to pay about $30,000 in attorneys' fees.
    An attorney for the association then filed a foreclosure lawsuit because Andres couldn't pay.


    Silver got a temporary injunction that kept Andres' American flag flying and then won an appeal that reversed the rulings against Andres. As Silver made the case, he said, he saw a way to argue that the homeowners association should pick up the tab for his services.

    THE COURTS ARE NOT ON THE SIDE OF THE HOA BASTARDS.

    THE HOA DOUCHBAGS LOST.

    DEAL WITH IT.

  7. #127
    Tavern Bartender
    Constitutionalist
    American's Avatar
    Join Date
    Mar 2006
    Location
    Virginia
    Last Seen
    Yesterday @ 10:49 AM
    Gender
    Lean
    Conservative
    Posts
    76,323

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by Vader View Post
    Under FEDERAL LAW ... flying the flag is the right of EVERY AMERICAN.

    President signs bill freeing homeowners to fly U.S. flag



    By The Associated Press
    July 25, 2006

    WASHINGTON President Bush signed a bill yesterday that bars condominium and homeowner associations from restricting how the American flag can be displayed.

    Sponsored by Rep. Roscoe Bartlett, R-Md., the measure prohibits those groups from preventing residents from displaying an American flag on their own property.

    H.R. 42 was passed unanimously by both the House and the Senate.

    "Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation," Bush said in a statement. "As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens right to express their patriotism here at home without burdensome restrictions."
    H. R. 42

    One Hundred Ninth Congress of the United States of America
    AT THE SECOND SESSION

    Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six


    An Act
    To ensure that the right of an individual to display the flag of the United States
    on residential property not be abridged.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
    This Act may be cited as the "Freedom to Display the American Flag Act of 2005''.
    SEC. 2. DEFINITIONS.
    For purposes of this Act--
    (1) the term "flag of the United States'' has the meaning given the term "flag, standard, colors, or ensign'' under section 3 of title 4, United States Code;
    (2) the terms "condominium association'' and "cooperative association'' have the meanings given such terms under section 604 of Public Law 96399 (15 U.S.C. 3603);
    (3) the term "residential real estate management association'' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
    (4) the term :member''--
    (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association;
    (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association; and
    (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.
    THE HOA DOUCHEBAGS LOST.

    DEAL WITH IT


    http://www.gpo.gov/fdsys/pkg/PLAW-10...109publ243.pdf

    LIS > Code of Virginia > 55-513.1

    http://www.reesbroome.com/associatio...tober_2007.pdf

    Virginia Condominium & Homeowners Association Lawyer: Displaying the Flag

    I am dealing with it.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  8. #128
    Sage
    Dezaad's Avatar
    Join Date
    Feb 2005
    Last Seen
    06-28-15 @ 10:43 AM
    Gender
    Lean
    Very Liberal
    Posts
    5,058
    Blog Entries
    1

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    And, here is the actual text of the law that was passed:

    A condominium association, cooperative association, or residential
    real estate management association may not adopt or enforce any policy,
    or enter into any agreement, that would restrict or prevent a member of
    the association from displaying the flag of the United States on
    residential property within the association with respect to which such
    member has a separate ownership interest or a right to exclusive
    possession or use.

    [[Page 120 STAT. 573]]

    SEC. 4. <<NOTE: 4 USC 5 note.>> LIMITATIONS.

    Nothing in this Act shall be considered to permit any display or use
    that is inconsistent with--
    (1) any provision of chapter 1 of title 4, United States
    Code, or any rule or custom pertaining to the proper display or
    use of the flag of the United States (as established pursuant to
    such chapter or any otherwise applicable provision of law); or
    (2) any reasonable restriction pertaining to the time,
    place, or manner of displaying the flag of the United States
    necessary to protect a substantial interest of the condominium
    association, cooperative association, or residential real estate
    management association
    .

    bold mine.

    The bolded text is the crux of the issue, as far as this law is concerned. You seem to have missed that, somehow, even going so far as to completely ignore it. I am not sure how, since it is kind of obvious.

    Anyway, it would be up to judges to determine what 'reasonable restrictions' are as well as 'substantial interests'. Though I am not sure what would be the outcome, I don't think the HOA was unreasonable, and I do think they might have a good shot at demonstrating some substantial interest, given what this law is about.

    Anyway, it is not as clear cut as you seem to believe, as you would know if you knew anything about law.



    Quote Originally Posted by Vader View Post
    Under FEDERAL LAW ... flying the flag is the right of EVERY AMERICAN.

    President signs bill freeing homeowners to fly U.S. flag



    By The Associated Press
    July 25, 2006

    WASHINGTON President Bush signed a bill yesterday that bars condominium and homeowner associations from restricting how the American flag can be displayed.

    Sponsored by Rep. Roscoe Bartlett, R-Md., the measure prohibits those groups from preventing residents from displaying an American flag on their own property.

    H.R. 42 was passed unanimously by both the House and the Senate.

    "Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation," Bush said in a statement. "As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens right to express their patriotism here at home without burdensome restrictions."
    H. R. 42

    One Hundred Ninth Congress of the United States of America
    AT THE SECOND SESSION

    Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six


    An Act
    To ensure that the right of an individual to display the flag of the United States
    on residential property not be abridged.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
    This Act may be cited as the "Freedom to Display the American Flag Act of 2005''.
    SEC. 2. DEFINITIONS.
    For purposes of this Act--
    (1) the term "flag of the United States'' has the meaning given the term "flag, standard, colors, or ensign'' under section 3 of title 4, United States Code;
    (2) the terms "condominium association'' and "cooperative association'' have the meanings given such terms under section 604 of Public Law 96399 (15 U.S.C. 3603);
    (3) the term "residential real estate management association'' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
    (4) the term :member''--
    (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association;
    (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association; and
    (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.
    THE HOA DOUCHEBAGS LOST.

    DEAL WITH IT



  9. #129
    Tavern Bartender
    Constitutionalist
    American's Avatar
    Join Date
    Mar 2006
    Location
    Virginia
    Last Seen
    Yesterday @ 10:49 AM
    Gender
    Lean
    Conservative
    Posts
    76,323

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by Dezaad View Post
    And, here is the actual text of the law that was passed:

    A condominium association, cooperative association, or residential
    real estate management association may not adopt or enforce any policy,
    or enter into any agreement, that would restrict or prevent a member of
    the association from displaying the flag of the United States on
    residential property within the association with respect to which such
    member has a separate ownership interest or a right to exclusive
    possession or use.

    [[Page 120 STAT. 573]]

    SEC. 4. <<NOTE: 4 USC 5 note.>> LIMITATIONS.

    Nothing in this Act shall be considered to permit any display or use
    that is inconsistent with--
    (1) any provision of chapter 1 of title 4, United States
    Code, or any rule or custom pertaining to the proper display or
    use of the flag of the United States (as established pursuant to
    such chapter or any otherwise applicable provision of law); or
    (2) any reasonable restriction pertaining to the time,
    place, or manner of displaying the flag of the United States
    necessary to protect a substantial interest of the condominium
    association, cooperative association, or residential real estate
    management association.

    bold mine.

    The bolded text is the crux of the issue, as far as this law is concerned. You seem to have missed that, somehow, even going so far as to completely ignore it. I am not sure how, since it is kind of obvious.

    Anyway, it would be up to judges to determine what 'reasonable restrictions' are as well as 'substantial interests'. Though I am not sure what would be the outcome, I don't think the HOA was unreasonable, and I do think they might have a good shot at demonstrating some substantial interest, given what this law is about.

    Anyway, it is not as clear cut as you seem to believe, as you would know if you knew anything about law.
    I think I just posted the links, did you go read them?
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  10. #130
    Sage
    Dezaad's Avatar
    Join Date
    Feb 2005
    Last Seen
    06-28-15 @ 10:43 AM
    Gender
    Lean
    Very Liberal
    Posts
    5,058
    Blog Entries
    1

    Re: Virginia Veteran Wins Battle to Keep His Flagpole in Yard

    Quote Originally Posted by American View Post
    I think I just posted the links, did you go read them?
    Good information, and it confirms (to a great degree) what we've been asserting.

    The HOA didn't lose. They were probably within the legal HOA agreement and within the law. They backed down, probably due to popular pressure. Perhaps they were right to do so, perhaps not.

    Whatever the case, IMO, the Veteran was intentionally breaking an agreement to which he was a voluntary party. I don't understand why he wanted to live in a neighborhood where he knew he had to agree that others get to tell him what he can't do.

Page 13 of 18 FirstFirst ... 31112131415 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •