Originally Posted By: grampi
Originally Posted By: Vuflanovsky
Originally Posted By: grampi
Originally Posted By: Mr Nice
Bottom line.... You must follow the HOA rules.
for both her sons in the military.
Not if those rules are in direct conflict of federal law...HOA rules cannot override federal law...in other words, HOAs don't have the right to ban the display of the American flag...
It's a flag issue for the media outlets but it's a reality issue for everyone else. If the CC&Rs say that you don't do THAT then you don't do THAT and there generally aren't exceptions made...and there shouldn't be. Why have rules?? If the outer porch is deemed as a common area then it's a property rights issue for the HOA and not a flag issue for the homeowner. She's making modifications and flying the flag on what she agreed ( by signing ownership papers ) is someone elses property. It's not that hard to understand. Federal law doesn't apply...well, it does apply to lawyers and TV 10 Action News but they rarely represent reality.
Federal law applies everywhere in this country...like I said, an HOA cannot make rules that override federal law, and federal law states that EVERYONE has the right to display the American flag...
No, No...and NO. It's not an issue involving the flag or someones right to fly it...it's an issue involving the CC&Rs and by-laws that has NOTHING to do with Federal law as she doesn't own the property where the flag is being flown. She agreed to this when she signed the ownership papers as to defined common areas. It's akin to me mounting a 60 foot by 40 foot American flag on a 20 foot pole that I put in front of your walkway. After all, Federal law says that everyone has the right to fly the flag right??...I'll just put it on your property so my begonias can get more sun. While I sympathize with this woman, it's really not that different.
HOAs have legally binding rules involving common areas and they need to be respected or every d-bag in existence could be flying monster truck flags and putting WWF posters in their windows. Again, NOT a Federal law issue. She doesn't own the property where the flag is placed by her agreement in signing the CC&Rs to live there. NOT a Federal Law issue. The HOA has property rights which trump her ability to fly a flag on part of the property that she doesn't own and she agreed to as being "common area" by signing ownership papers. Given the reality of the above, it's really not a patriotic issue nor is it a flag issue...it's a media issue.
Personally, I would put much more effort in addressing the disrespectful misuse of the flag than I would in screaming about someone who doesn't even own the property where it's being flown. Unfortunately, that's too cerebral for the media infotainers who need a human interest soundbite story to close their newscast.