HOA orders resident to take down US Flag

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Luckily, she is standing her ground and not backing down.
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http://kstp.com/news/stories/S3839719.shtml?cat=1
 
Originally Posted By: KD0AXS
Luckily, she is standing her ground and not backing down.
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Good for her! I'd tell that HOA to straight up [censored] themselves.
 
As someone who lives in a condo:

1. She is flying the flag on common property, not her own, so she has no right to do what she's doing.

2. What kind of HOA would actually enforce this? We have people who we allow to hang all sorts of seasonally decorative things from their windows, doors and porches? One guy goes all out for Halloween, and most of us love it; the rest wouldn't say boo.

3. What are the chances she's flying the flag correctly, showing the proper respect? My guess is low.
 
I personally hate HOA's and would never live under one, but they are voluntary... so the lady agreed to the rules when she moved in. If she doesn't like it then she needs to get active in her HOA to change the rules. or move. simple as that.

But I agree busting someone for flying the flag is a kick below the belt
 
The rules were in place before she moved in, and she agreed to them. Now, she thinks she's special and above the rules. Why should she be treated differently than the others? Has she achieved some special distinction that makes her above the rules? I see this behavior almost daily.
 
Originally Posted By: Texan4Life
I personally hate HOA's and would never live under one, but they are voluntary... so the lady agreed to the rules when she moved in. If she doesn't like it then she needs to get active in her HOA to change the rules. or move. simple as that.

But I agree busting someone for flying the flag is a kick below the belt


Agreed.
 
Originally Posted By: Pop_Rivit
Originally Posted By: Texan4Life
I personally hate HOA's and would never live under one, but they are voluntary... so the lady agreed to the rules when she moved in. If she doesn't like it then she needs to get active in her HOA to change the rules. or move. simple as that.

But I agree busting someone for flying the flag is a kick below the belt


Agreed.


I don't know for sure, but it seems she may have some ground to stand on here.


Originally Posted By: from linked article
"It does not state that I can't fly a flag," Hildebrandt said. "It says everything else, but it doesn't mention a flag."
The rules prohibit signs, advertisements, hanging garments or rugs, wind chimes, bells and any other item creating noise. The rules do not mention flags.
Hildebrandt also said The Freedom to Display The American Flag Act of 2005 prevents the condo association from taking it down.
 
Originally Posted By: The_Eric
Originally Posted By: Pop_Rivit
Originally Posted By: Texan4Life
I personally hate HOA's and would never live under one, but they are voluntary... so the lady agreed to the rules when she moved in. If she doesn't like it then she needs to get active in her HOA to change the rules. or move. simple as that.

But I agree busting someone for flying the flag is a kick below the belt


Agreed.


I don't know for sure, but it seems she may have some ground to stand on here.


Originally Posted By: from linked article
"It does not state that I can't fly a flag," Hildebrandt said. "It says everything else, but it doesn't mention a flag."
The rules prohibit signs, advertisements, hanging garments or rugs, wind chimes, bells and any other item creating noise. The rules do not mention flags.
Hildebrandt also said The Freedom to Display The American Flag Act of 2005 prevents the condo association from taking it down.


In addition to the Flag Act at the Federal level, we also have a State law in effect that protects one's right to display both the American Flag and the Minnesota State Flag.
 
Originally Posted By: The_Eric
Originally Posted By: Pop_Rivit
Originally Posted By: Texan4Life
I personally hate HOA's and would never live under one, but they are voluntary... so the lady agreed to the rules when she moved in. If she doesn't like it then she needs to get active in her HOA to change the rules. or move. simple as that.

But I agree busting someone for flying the flag is a kick below the belt


Agreed.


I don't know for sure, but it seems she may have some ground to stand on here.


Originally Posted By: from linked article
"It does not state that I can't fly a flag," Hildebrandt said. "It says everything else, but it doesn't mention a flag."
The rules prohibit signs, advertisements, hanging garments or rugs, wind chimes, bells and any other item creating noise. The rules do not mention flags.
Hildebrandt also said The Freedom to Display The American Flag Act of 2005 prevents the condo association from taking it down.


I would agree with you, but it mentions that she put the flag in a common area.
 
Hopefully she will be reasonable and take it down after July 4th. Its on common property and she has to abide by the rules on common property.
 
Originally Posted By: Bobcatguy
Hopefully she will be reasonable and take it down after July 4th. Its on common property and she has to abide by the rules on common property.


It's not on common property, it's on her porch.
 
Have a series of cookouts and network with neighbors, garner enough support to outvote and take over the hoa, then change the rules.
 
Originally Posted By: KD0AXS
Originally Posted By: Bobcatguy
Hopefully she will be reasonable and take it down after July 4th. Its on common property and she has to abide by the rules on common property.


It's not on common property, it's on her porch.

The association's legal team argues that only the inside of Hildebrandt's porch is her legal property, so the act doesn't apply. In an email, he said "Ms. Hildebrandt installed the flag holder on common property, not in a location that she has a separate ownership interest over, or exclusive use of."
 
Originally Posted By: KD0AXS
Originally Posted By: Bobcatguy
Hopefully she will be reasonable and take it down after July 4th. Its on common property and she has to abide by the rules on common property.


It's not on common property, it's on her porch.
If you watched the video and read the article you would see that the flag is NOT on her porch. It is mounted to her porch but isn't in her property line, she's hanging it outside her area.

Here's a quote to the article:

"The association's legal team argues that only the inside of Hildebrandt's porch is her legal property, so the act doesn't apply. In an email, he said "Ms. Hildebrandt installed the flag holder on common property, not in a location that she has a separate ownership interest over, or exclusive use of.""

She's just trying to start a fight, they wouldn't have an issue if it were IN her porch.
 
Originally Posted By: simple_gifts
another 'fake outrage' story. The saucer is full with American media, lap it up.


^^ this. Because we are so out of real problems we must manufacture them. This is where we are today. Is the condo association afraid the flag might offend someone and drive off prospective buyers?
 
Originally Posted By: bvance554
Originally Posted By: simple_gifts
another 'fake outrage' story. The saucer is full with American media, lap it up.


^^ this. Because we are so out of real problems we must manufacture them. This is where we are today. Is the condo association afraid the flag might offend someone and drive off prospective buyers?


It really is a slippery slope when it comes to bending the rules on a case-by-case basis. The lady in the article wants to fly our flag, but it's not on her property. That's fine, but in this instance the flag has nothing to do with it. It's just an object placed (mounted) on common property.

What she did is akin to mounting a pole to and flying the US flag from your neighbor's fence (assuming the fence is on his property and not across the property line.) His fence is effected on your side by you, but that doesn't mean it's yours, to do with what you want.

Back to the common area thing.

Flag: not offensive at all (to most people)

Satellite dish: may offend some

Chrismaquansica decorations: may offend a few more

Political, other religious, and etc. posted: may be very offensive.

Where do you draw the line? My condo association has rules that prohibit posting just about anything on common property, as well as in our windows. We police ourselves, like I assume most do, so our line in the sand for what is acceptable is dynamic. I'd be very surprised if our condo association did anything about us flying a flag (even year-round,) so long as it was in accordance with, not ratty and dirty, and not flapping into the walkway or common spaces.

I guarantee the guy on the corner would be very upset if we told him to knock it off with the fake coffin and tomb stones, not to mention all of the window and deck decorations. He brings a little fun and character to the property, just like our other neighbors who hang bird feeders and landscape the small plot adjacent to their deck, on their own dime.
 
Originally Posted By: Pop_Rivit
Originally Posted By: Texan4Life
I personally hate HOA's and would never live under one, but they are voluntary... so the lady agreed to the rules when she moved in. If she doesn't like it then she needs to get active in her HOA to change the rules. or move. simple as that.

But I agree busting someone for flying the flag is a kick below the belt


Agreed.


There was a police officer that flew a large American flag in front of his house during the war in Iraq. HOA told him to take it down or get fined. He went to the media to try and get support for being patriotic.... but eventually he took it down.

A car dealership can have a big American flag, not a home owner in an HOA.
 
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