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Thread: U.S. Veteran Faces Legal Action for Flying American Flag(edited)

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    U.S. Veteran Faces Legal Action for Flying American Flag(edited)

    U.S. Veteran Faces Legal Action for Flying American Flag - FoxNews.com

    I am glad I don't live in one of those utopias.
    Last edited by Redress; 06-26-11 at 03:05 PM. Reason: Edited title to comply with BN guidelines.
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    Re: What is wrong with homeowners associations?

    Quote Originally Posted by Bigfoot 88 View Post
    U.S. Veteran Faces Legal Action for Flying American Flag - FoxNews.com

    I am glad I don't live in one of those utopias.
    This isn't unusual. The HOA should probably change the law to allow a flagpole placed in a certain place, how tall it can be, how big a flag can be flown. But when people buy homes in neighborhoods that have Homeowners Associations attached to their deeds, they agree to be bound by the R&R's -- and their neighbors expect them to be bound by them. They cannot make exceptions lest they set precedent. Don't want to be bound by R&R's? Don't like some of them? Don't buy.
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    Re: What is wrong with homeowners associations?

    Quote Originally Posted by MaggieD View Post
    This isn't unusual. The HOA should probably change the law to allow a flagpole placed in a certain place, how tall it can be, how big a flag can be flown. But when people buy homes in neighborhoods that have Homeowners Associations attached to their deeds, they agree to be bound by the R&R's -- and their neighbors expect them to be bound by them. They cannot make exceptions lest they set precedent. Don't want to be bound by R&R's? Don't like some of them? Don't buy.
    Of course, just like with contracts / contract law, just because it is written doesn't mean it can't be challenged or question either in front of them, or a court of law, or that it is by default legal/valid.


    Case in point: FCC stepped in around 196 or 1997 creating laws restricting how a HoA can restrict satellite dishes - for example, they can't restrict them from having dishes one meter (39.37") or smaller, though they can have //some// leeway over WHERE it is placed.
    Last edited by Travelsonic; 06-26-11 at 01:02 PM.
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    Re: What is wrong with homeowners associations?

    Quote Originally Posted by MaggieD View Post
    This isn't unusual. The HOA should probably change the law to allow a flagpole placed in a certain place, how tall it can be, how big a flag can be flown. But when people buy homes in neighborhoods that have Homeowners Associations attached to their deeds, they agree to be bound by the R&R's -- and their neighbors expect them to be bound by them. They cannot make exceptions lest they set precedent. Don't want to be bound by R&R's? Don't like some of them? Don't buy.
    I think in general the HOA are commie organizations. And while there is contract, it is getting harder and harder to find houses in good areas without HOA. When it becomes impossible to find such a home without HOA, you are essentially forced to agree to the contract. Under those circumstances, I believe it is reasonable that rules and regulations against the HOA be made in general to restrict their power and prevent them from grossly infringing upon the rights of the individual. Particularly since this is one of the big 3, property.
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    Re: What is wrong with homeowners associations?

    I don't see the point in owning property if some pissant has the authority to tell me what I can and can't do with it.

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    Re: What is wrong with homeowners associations?

    while home owners associations can be the devil, he chose to live in that community. he has the right to move.

    anyone in a house of their own outside a development of this kind can put a flagpole up, it's just he chose to live in this community, and this community has rules. I mean, seriously, the association has offered to fly the flag at the entrance of the building development, but Quigley refused the offer. why not just do that? serving active duty during the Vietnam War, doesn't give a person carte blanche to do whatever they want.

    the link mentions removal of the flagpole. it's the flagpole that's the problem not the flag, hence the offer to fly the flag at the entrance. some people wont understand that though. they will be so hung up talking about the flag, and how it represents their freedom, the constitution, rights they have as americans, the fight for for those rights, and so on, but they completely miss the point.

    it's not about the flag, it's about the flag pole. the flag pole doesn't have any rights and it does not represent your freedom.
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    Re: What is wrong with homeowners associations?

    wait, reading all of the link it says he can fly the flag. if affixed to his home. like this.

    Acceptable: Flags that are affixed to the property are allowed under the homeowners association rules



    Mr Patronite said that the HOA's rules state that a flag can only be displayed if affixed to the home.
    But doing so would mean Mr Quigley would have to put up a much smaller flag.


    the problem is the flagpole. not the flag.
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    Re: What is wrong with homeowners associations?

    Quote Originally Posted by Ikari View Post
    I think in general the HOA are commie organizations. And while there is contract, it is getting harder and harder to find houses in good areas without HOA. When it becomes impossible to find such a home without HOA, you are essentially forced to agree to the contract. Under those circumstances, I believe it is reasonable that rules and regulations against the HOA be made in general to restrict their power and prevent them from grossly infringing upon the rights of the individual. Particularly since this is one of the big 3, property.
    And there you have it. "Small government" goes out the window when you need them to do something for you. Grossly infringing? If you bought the house, you agreed to the contract. You agreed to the rules. You're welcome to build your own home or buy a house somewhere else.

    HOAs are horrible creations and I would never purchase a house that had to be covered by their arbitrary and sometimes draconian rules. There's only so much I'm willing to give up in the name of maintaining the value of my home.


    Quote Originally Posted by Viktyr Korimir View Post
    I don't see the point in owning property if some pissant has the authority to tell me what I can and can't do with it.
    I think with most HOAs you technically only own the interior of the home, or something.
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    Re: What is wrong with homeowners associations?

    did anyone actually read the linked article?

    It states that:

    Ohio Stature 5301.072 (A) states: No covenant, condition, or restriction set forth in a deed, and no rule, regulation, bylaw, or other governing document or agreement of a homeowners, neighborhood, civic, or other association, shall prohibit the display on any property of, the flag of the United States if the flag is displayed in accordance with any of the following..."
    here is the rest of the statute that is not in the article

    (1) The patriotic customs set forth in 4 U.S.C.A. 5-10, as amended, governing the display and use of the flag of the United States;

    (2) The consent of the property’s owner or of any person having lawful control of the property;

    (3) The recommended flagpole standards set forth in “Our Flag,” published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998);

    (4) Any federal law, proclamation of the president of the United States or the governor, section of the Revised Code, or local ordinance or resolution.

    (B) A covenant, condition, restriction, rule, regulation, bylaw, governing document, or agreement or a construction of any of these items that violates division (A) of this section is against public policy and unenforceable in any court of this state to the extent it violates that division.
    The veteran is right. This HOA rule can't be enforced in Ohio...
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    Re: What is wrong with homeowners associations?

    Quote Originally Posted by Deuce View Post
    And there you have it. "Small government" goes out the window when you need them to do something for you. Grossly infringing? If you bought the house, you agreed to the contract. You agreed to the rules. You're welcome to build your own home or buy a house somewhere else.
    One is welcome given they have the opportunity to do so. Sometimes people move where they do because it's necessary for work or it's what fits into a budget. As I said, it's not a huge problem so long as there are places on can reasonably buy a house and not be subjected to these property rights crushing organizations. But the problem is that more and more you find it harder to find places without HOAs, and it's quite possible that in certain areas you cannot live there without agreeing to the contract. It's not so much that I'm saying "no small government". I'm saying that once it is no longer reasonable to find a house without an HOA, you are forced to accept these contracts which grossly encroach upon your property rights. Now maybe if the HOA is paying some of my property taxes, I'll agree more with their rules. But at some point, there will need to be a method by which one can divorce themselves from the HOA without losing their house or having their property rights stolen.

    Quote Originally Posted by Deuce View Post
    HOAs are horrible creations and I would never purchase a house that had to be covered by their arbitrary and sometimes draconian rules. There's only so much I'm willing to give up in the name of maintaining the value of my home.
    Nor shall I, I hope that I will always be able to find reasonable housing in areas without HOAs.
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