Vietnam vet Fred Quigley has this flagpole in his front yard, but the HOA in his neighborhood has a rule forbidding front-yard flag poles. It is fine with the HOA to fly a flag if the pole is attached to your house the way most people fly flags.
The question is, does his right to fly the American flag any way he chooses(if that right actually exists) supersede the HOA's rule about flag flying?
My thinking is that he should have read the HOA rules before buying in that neighborhood, or if the rules were written after he moved in, then they don't necessarily apply to him. It's reflexive to say that of course he should be able to fly the American flag on a pole, but that opens the door for anybody to fly whatever flags they like on poles in all the front yards in the neighborhood. Would that be OK with everybody? I doubt it.
What do you think?
8 comments:
From what I have read federal law trumps the stupid HOA in this case, and the man has every right to fly Old Glory.
Lord, I would never live in an HOA.
Me either, but shouldn't this guy have read the HOA rules before buying the house? I mean if the HOA isn't there to infringe on your civil and constitutional rights, what's it good for?
I just reluctantly became a board member of my own HOA, and the flagpole should likely have to go.
In most community properties that are managed, there is probably some type of communal property that might be able to earn a variance to install a flag pole for everyone's use, but installing a pole does detract from the overall value of everyone's investment in the property.
Yes, Im a patriot. Im also a homeowner whose sole investment in a home is actively being eaten away by Obama's policies. I'll chop down a flagpole myself if it is going to make my home less valuable for me. Capitalism baby.
Yeah, I basically agree with you Dannie. If it adversely affects the property values of others, that essentially infringes on their right to pursue happiness....if I'm not overstating it.
OK, explain to me how an American flag on a flagpole adversely affects anyone's property value. Is it like a '58 Chevy up on blocks - just screams 'redneck'? Maybe like the disabled vet's proposed only 2700 sq. ft. house in Augusta killed by that HOA? Can't have that.
Unless they make an exception specifically for the American flag, you can't have everybody putting flag poles in their front yards and flying whatever banner they like. I would never consider living in a neighborhood where lots of people had poles with various flags flying in their front yards.
I'm no fan of HOAs but I think their point wasn't to insult the flying of the American flag, but to discourage everybody else from doing expressing themselves similarly. If you allow one guy to do it, you have to allow everybody to do it. I sort of get that. It's not about the flag per se, but about how expressive does the neighborhood want people to be with their properties.
"you have to?" So, you don't think a HOA that can do this has the wits to say "the only flag you can fly is the American flag?"
Anyway, I don't get bothered by my neighbors flying their college flags (even UGA) or state flags. Why should it bother me?
Homeowners Association Board of Directors to increase membership fees and the amount of how easy it is.In addition, if part of the development has been occupied for a while,to participate in homeowners association meeting to discuss the financing and other issues of concern.
HOA Legal Opinion
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