HOA says no US flag

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Originally Posted By: HemiHawk
I don't know why anyone would buy a home that has an HOA. They prevent things like curtain colors they don't approve of and window air conditioners.

They usually charge a monthly or yearly fee for the privilege of paying for a home and being told you can't fly a flag is an issue?

Living in an HOA means you're renting. Try not paying your HOA fees and see how long it takes them to forclose on your home.


They can put a lien for the fees on the home only. They have no power to foreclose anything.
 
I think you're hiding behind the "US flag" part of the request here. If they let you display the US flag, I'd expect people to fly their choice of flags around the rest of the neighborhood. I can just imagine what people would come up with.

I hate HOA's as much as the next guy. If you want to hire counsel and sue them under the state statute, by all means, go for it. It might and probably will work, but are you willing to put in that effort?
 
Originally Posted By: ZZman
It appears you can fly an American flag just not in the front. What if people wanted to fly a confederate flag, State flag, college flags, gay pride or an ISIS flag in front? Should those be allowed since they are flags?

Agreed, I think this is the crux of the issue here. It looks like they're picking on the U.S. flag only because the OP wants to put a U.S. flag up, but think about it from the HOA point of view, they're actually doing this for flags in general. Most people would be be surprised at how many flags people could put out front for all sorts of nonsense.

Also what if they put up more than one flag? What if they turn the front of their house into the U.N.?

Then if they made their policy "Only U.S. flags allowed", they'd get sued too! They can't win either way, so no flags.
 
Originally Posted By: Trav
Just for laughs I would put a Mexican flag out there and if they say anything (they probably wont) tell them they are discriminating against undocumented Americans and you will call the ACLU on them. Sit back and watch the fun.


LOL...you are the man....
 
How many variations of this thread can people come up with?? There's already been a "flag in the window" version of this thread. Personally, I have zero issues with flying the flag but if the CC&Rs and by-laws of the HOA state that you don't have banners, flags, streamers, etc. in the common areas or x area described then the issue is resolved as you've already signed what people probably didn't read in the first place. From what I'm reading, your HOA is not telling you that you can't fly the flag...just not in certain areas with certain apparatus.

Where I live, the HOA puts flags in the ground in front of every residence on July 4th and people fly the flag on holidays. I think it's hilarious that this always involves an HOA and is portrayed as a "Murica thread. Living in the close confines of a condo or townhouse development, I'd much rather live in a uniform environment than be dictated to by some a-wipe that wants to do something his way ( not the OP ) that begets some other B.S. that impacts me more than his flying of the flag. In 25 years of living in different HOA communities I've seen that happen.
 
I think the crux of this issue is whether the HOA's flag ban is just for the US flag, or if it's for all flags. If it's only for the US flag, then the OP has a case...
 
No one, and I mean NO ONE, is going to tell me that I cant fly an American flag on my house if I want to.

In this case, this is something worth fighting for. Fly the flag. When you get a notice, replay to said notice that in no uncertain terms, the flag stays. Period. And that the wording in the HOA bylaws needs amended. Immediately.

They can try foreclose on the house if its that important to them. And then they can come try and take the house if they want. They can even step over the bodies in the yard if they wish. But at any rate, the flag stays up. Period.

Have Americans forgot what it is to be an American? What it means? And why we fight for whats right?
 
Originally Posted By: bubbatime
No one, and I mean NO ONE, is going to tell me that I cant fly an American flag on my house if I want to.

In this case, this is something worth fighting for. Fly the flag. When you get a notice, replay to said notice that in no uncertain terms, the flag stays. Period. And that the wording in the HOA bylaws needs amended. Immediately.

They can try foreclose on the house if its that important to them. And then they can come try and take the house if they want. They can even step over the bodies in the yard if they wish. But at any rate, the flag stays up. Period.

Have Americans forgot what it is to be an American? What it means? And why we fight for whats right?


What happens if HOA President shows up, removes flag, holds the pole horizontally and then proceeds to break the poll in half with his knee. He then tosses the flag and both broken wooden pieces of the pole on the ground and says....

“ Next time it just might be YOU !!! “
 
The problem is all these over sized flags. Everyone, wants a bigger flag than yours. It is sick, using a over sized flag at dealerships and businesses to "sell" things...


There should be a rule, standard flags for 150' and below, things like tops of grain towers can have bigger flags..
 
People opposite put up a banner with a rainbow and the message "There is hope"

(Was some kind of religious group logo at the time).

We put up a banner with a rainbow and the message "No there isn't".

That was long, long ago, in a free country far, far away.
 
Now you see why a person with a brain won't buy a house where they have a HOA. My property I'm going to do what I want. They want to tell me what I'm going to do with it we'll have to negotiate how much of my Mortgage they are going to pay. I'm not paying anyone a cent to give up my rights!
 
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Originally Posted By: Mr Nice
Originally Posted By: bubbatime
No one, and I mean NO ONE, is going to tell me that I cant fly an American flag on my house if I want to.

In this case, this is something worth fighting for. Fly the flag. When you get a notice, replay to said notice that in no uncertain terms, the flag stays. Period. And that the wording in the HOA bylaws needs amended. Immediately.

They can try foreclose on the house if its that important to them. And then they can come try and take the house if they want. They can even step over the bodies in the yard if they wish. But at any rate, the flag stays up. Period.

Have Americans forgot what it is to be an American? What it means? And why we fight for whats right?


What happens if HOA President shows up, removes flag, holds the pole horizontally and then proceeds to break the poll in half with his knee. He then tosses the flag and both broken wooden pieces of the pole on the ground and says....

“ Next time it just might be YOU !!! “


9-10 feet from the house's walls he was trespassing on private property! with Bubbatime, he may experience a case of Vlad Tzepesh (Son of Dracula) or extra hemorrhoids....
11 feet from it he will have a hole in the ground to fill. He better not get that covered from HOA common funds... He still owns the owner a flag and a pole.
What happens if pole made from metal?

One point many here when defending the HOA forget, is if it is in the covenants, so enforced , but is against the law (state/ city/federal) what next?
People forget that many times the HOA typical board may have not run a business or lead/manage people to understand law and risk management.
 
Originally Posted By: bubbatime
No one, and I mean NO ONE, is going to tell me that I cant fly an American flag on my house if I want to.

In this case, this is something worth fighting for. Fly the flag. When you get a notice, replay to said notice that in no uncertain terms, the flag stays. Period. And that the wording in the HOA bylaws needs amended. Immediately.

They can try foreclose on the house if its that important to them. And then they can come try and take the house if they want. They can even step over the bodies in the yard if they wish. But at any rate, the flag stays up. Period.

Have Americans forgot what it is to be an American? What it means? And why we fight for whats right?


But by buying a house in an HOA, a choice was made to live in an area that doesn't allow flags.

Do I think it's stupid? Absolutely. Do I hate HOA's? Absolutely.

Do I feel sorry for someone who buys a house in an HOA and then complains about HOA rules? Absolutely not.

Poor choices have consequences. Don't buy a home in an HOA.

There are some cabins on a nearby lake that are on a 99 year lease from the government. The lease is about 1/2 way up. The area around the lake was made into a state park a few years back, and the park rangers came around telling people they couldn't fly flags. An old woman who proudly flew her American flag told them to pound sand, and rightfully so. Can't change the terms of the lease 1/2 way through, and to tell a person they can't fly an American flag on land owned by the public is stupid.

That woman had a valid argument. Someone who chooses to move into an HOA subjects themselves to the rules. Want to fly your flag? Move.
 
Originally Posted By: bubbatime
No one, and I mean NO ONE, is going to tell me that I cant fly an American flag on my house if I want to.

In this case, this is something worth fighting for. Fly the flag. When you get a notice, replay to said notice that in no uncertain terms, the flag stays. Period. And that the wording in the HOA bylaws needs amended. Immediately.

They can try foreclose on the house if its that important to them. And then they can come try and take the house if they want. They can even step over the bodies in the yard if they wish. But at any rate, the flag stays up. Period.

Have Americans forgot what it is to be an American? What it means? And why we fight for whats right?


People tend to forget that things like the first amendment applies to government entities. An HOA is NOT a goverenment entity. That's why so much of this thread has hate for the HOA because they set up the rules in advance and whoever buys a place with an HOA agreed to the rules in advance. Remember, it's Darth Vader who's changing the terms of the deal.

Usually HOA's have fines when you're not in compliance. Around here, those fines never go away. Had one guy who partied all the time and ignored the fines. They never waived them, he had to pay 15k at closing when he sold the house.

You can fight for what's right and what's not. But in this case, the HOA is right. People tend to assume that they have rights that don't exist.
 
[off-topic: kind off]
A lot of posters say "I ain't buying in a HOA,.........."
Now sometimes in a lot of locations unless you want a rural location or a 2 hours commute, HOA is your only choice....

Sometimes City/village is a pretty good scary HOA (Have one in my area black listed by pretty much all realtors or contractors "in-the-known")
A friend was denied his request to have solar panels installed on his roof (how about green initiative?)
another, got a warning to get the winter season lights down. this month.
[/off-topic]
 
I've lived in city areas, rural areas, and now in HOA area.
All have their pros and cons.

My current subdivision is large in terms of acreage; the smallest lot is 2ac, the largest is 11ac. I have 7.5ac. We only have 17 lots total in our sub-division, and more than 1/2 of the lots don't even have a dwelling on them yet after 19 years of establishment. It's very "rural" in our subdivision.
- Our HOA has strict rules about home size, construction type, materials, etc; this protects us from having a mobile home next door and drawing down our property values.
- We have are all pro-gun, and we all hunt, but we have also have a "no shooting or hunting clause", because it keeps future homeowners from doing stupid things around our own homes.
- We have clauses against running a business out of your home/garage, to keep commercial traffic out. Etc.
- We have a "no livestock" clause so some fool doesn't try to put 30 head of hogs next to my house. Etc.
- and so on ...

It's all there to protect a desired way of life. I knew about the HOA prior to buying. I read the C&Rs before buying and building my home there. I agreed to those terms because I agree with them in principle and find that they have more benefit than distraction for me.

I live there now because I used to live on 8ac in an unincorporated part of the county on a long private easement (sort of like a sub-division in layout but not any formal rules at all). And while I lived 15 years in the same place, my next door neighbors changed FOUR TIMES in the same 15 years. Some were nice; some were complete white-trash idiots. There were times when they'd start shooting at night, or into the creek that separates our properties. Or they'd be riding 4-wheel'ers at 6am Sunday morning, or leave their trash in their front lawn as I had to drive down the easement to get to my place. Or shooting off fireworks not only on July 4th, but the 3rd, the 5th and just about all week, even though I have to get up at 4am to head to work. They also had no sense of fair shared maintenance of the private easement; I'd plow it every winter all the way back to my house, and would by default clear past their driveway, but they'd never offer me any money for the fuel for my tractor, etc. They would pour their used oil on the ground (and we all live on water wells!). They let their dogs run loose and they would extract my garbage out of the cans onto my driveway. At one time one set of neighbors had horses, and they'd ride their horses on the shared easement driveway, and the horses would defecate on the driveway, and no one would clean it up. You get the idea.

There are times when HOAs and their C&Rs are beneficial. I knew what I was moving into, and I'm now happy to be there. The HOA C&Rs where I live are very fair, reasonable and offer a great balance between what it "normal" for me and not "offensive" to others.
 
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Originally Posted By: JohnnyJohnson
Now you see why a person with a brain won't buy a house where they have a HOA. My property I'm going to do what I want. They want to tell me what I'm going to do with it we'll have to negotiate how much of my Mortgage they are going to pay. I'm not paying anyone a cent to give up my rights!


[censored] straight

One of the EV owners on another forum has an outlet in his hoa approved space that hooks to his meter he pays for and he isn’t allowed to plug into it.

It’s only for block heaters
 
Originally Posted By: madRiver
I am surprised personally as a homeowner you did not read the HOA bylaws before purchasing into the place.


I absolutely did read it. I took it to mean in ground flagpoles
 
Originally Posted By: pandus13
[off-topic: kind off]
A lot of posters say "I ain't buying in a HOA,.........."
Now sometimes in a lot of locations unless you want a rural location or a 2 hours commute, HOA is your only choice....
[/off-topic]


You're right. Town homes closer to where I work all had HOAs, so I chose the hour commute. Plain and simple. I won't be told what I can and can't do with a house. I also won't pay some one to tell me what I can and can't do.

It looks like from that state law mentioned somewhere here there may be a loophole... great. The only thing I would be worried about is using that loophole then having every single thing you do while living there be scrutinized. Thats no way to live either.

I really don't even think this is a "flag" issue. They don't want distinguishing things in/on the fronts of properties. They should all be pretty uniform. Thats the point.
 
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