Quote:
Originally Posted by mdb23
The first amendment states that the govt shall pass no law prohibiting free speech. This is not what is happening here, and is therefore not a first amendment issue.
This gentleman entered into a legally binding civil contract when he purchsed his home and signed on the dotted line with the HOA. It was a choice that he made. If the contract said "no flag poles," then he doesn't have a legal leg to stand on. It's that simple.
I don't like HOAs, which is why I didn't buy a home in a neighborhood that had one.
|
Quote:
Originally Posted by mdb23
Right, but if they make an exception in his case, then they are going to have a hard time enforcing the stipulation in other cases.....a legal landmine to say the least.
|
Fair enough.
So..........how do display a flag without a flag pole?
Lets also keep in mind this:
http://www.senate.gov/reference/reso...df/RL30243.pdf
Last paragraph...
Quote:
Restrictions on Display of the Flag by
Real Estate Associations
The Freedom to Display the American Flag Act of 200556 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.