It seems we read this headline about once a month....
CLERMONT, Fla. -- A Central Florida war veteran faces a lawsuit [from the home-owners association] for flying the American flag on a pole in his front yard.
These associations think they have the power to dictate to people how they can use their privately owned property. I understand that the association can lay out guidelines about upkeep and maintainence, holiday displays, etc. but federal law clearly allows the display of the flag, and federal law cannot be superceded by association law. Here's the law:
The Freedom to Display the American Flag Act of 2005 prohibits a
condominium, cooperative, or real estate management association from adopting or
enforcing any policy or agreement that would restrict or prevent a member of the
association from displaying the flag in accordance with the Federal Flag Code on
residential property to which the member has a separate ownership interest.
Far too many people let themselves be intimidated by busy-body neighborhood associations whose jobless members drive around looking for the smallest violations so they can assert their dominion over the homeowners. That's crap! With the possible exception of basic maintainence, they practically have no real legal right to tell you how you can pursue happiness on your property. You might argue that it's a private corporation and because you pay dues, it's a private club and as such, can enforce anything they want if you're a member. You would be wrong. The private property rights of individual US citizens cannot be superceded by an association. If the association doesn't like the federal laws guaranteeing private property rights, it should have organized in another country.