COL Barfoot -Threads Merged

[mdb23]

Originally Posted by tip001

Absolutely. I read about this last night and think it's bullshit. I can't imagine his flag pole being that big of a distraction.

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. I think the following quote sums it up quite well.

Originally Posted by P38

My HOA has tried to be lenient on some things, but as soon as you allow one person to do their own thing with a flagpole, another thinks that justifies building a brick religious monument in their front yard. Literally, and it was a fricking shrine.

And finally, +10000 on the following:

Originally Posted by P38

I resent people making personal issues 'Patriotic' issues to win their way.

[Section8]

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.

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.

[mdb23]

Originally Posted by Section8

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.

They aren't prohibiting him from displaying the flag, merely stating that he cannot have a flagpole in his yard. There are other ways to display the flag.

[Decon]

Originally Posted by Section8

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.

Freedom to Display the American Flag Act of 2005:
SEC. 4. LIMITATIONS.


Nothing in this Act shall be considered to permit any display or use that is inconsistent with--


(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or


(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

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. I think the following quote sums it up quite well.:

That's a good point. I just feel bad because he is a 90 y/o MOH recipient who deserves to display the flag. But you're right.