HOA trying to get WWII vet to take down his flag pole

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tk149

Diamond Member
Apr 3, 2002
7,256
1
0
So don't deny them, as long as they're all American flags. The slippery slope doesn't go very far here. Once everyone in the neighborhood is flying an American flag things can't exactly slide any "lower". It doesn't seem unreasonable that "American flags only" should be a hard and fast rule considering that the neighborhood's location in the United States of America is a hard and fast geographical fact.

Not a bad idea, except that a lawyer would tear that apart instantly.
 

tk149

Diamond Member
Apr 3, 2002
7,256
1
0
You deserve to burn with all people who support HOA's.

Fuck off and die. You deserve to burn with all people who would impose their own standards over others who have CHOSEN to live by other rules.

See, I can play your game too.
 

zinfamous

No Lifer
Jul 12, 2006
110,852
29,649
146
I live around the area where this is happening.

The guy applied for it twice before he even moved in and was rejected both times. He still moved into the town home knowing they didn't allow it, and he still put one up.

Not knowing much about him, I thought, what a dick, they said no and he still put up.

Then I read about the guy and there's no way I could deny him that flag pole. I know a lot of people are trying to argue, if you allow him the exception then others will start demanding exceptions be made too. You know what though? No one else has as strong a case as him.
I don't care how ugly they think that pole might be for the little bit you have to see it from dusk to dawn when he doesn't have the flag on it, that man deserves to have it. I'm not usually for giving people special treatment because they did "something", but he didn't just do "something" he IS a hero.

This seems to be the only logical side of the issue.

:thumbsup:
 

tk149

Diamond Member
Apr 3, 2002
7,256
1
0
Big Picture? So Freedom of Speech isn't big picture? So you would silence someone because you may not want to see it or hear it? Interesting.

"I may not agree with what you say but I will defend to the death your right to say it"

You really need to go back to school and learn something this time around. Freedom of Speech does not apply here.
 

zinfamous

No Lifer
Jul 12, 2006
110,852
29,649
146
Actually it was my usual commentary on symbol worship. I think the man is brilliant and brave and should be respected for what he achieved. But I don't think symbol worship is the appropriate response.

I understand this argument.....but he's a fucking MOH winner--and a living one at that.

As poisonous a disease as Nationalism is, this is not a case of nationalism. This man has pride. Your mistaking his pride for something that it is not, and making a pointless, trollish post about it.

You're better off attacking idol-worshiping zealots, not legitimate war heroes.
 

zinfamous

No Lifer
Jul 12, 2006
110,852
29,649
146
I actually agree with you, but I also think it's a silly thing to fight about.

Then you should say that to those countries occupied under the Soviet Union for 5 decades--whose citizens would be sent to the Gulag to die simply for possessing their country's flag. (they didn't even have to display it to be sent away)

again, you're crying about Nationalism where it doesn't apply.
 

zinfamous

No Lifer
Jul 12, 2006
110,852
29,649
146
Nazi flags flying don't seem to be a problem in non-hoa neighborhoods. I've never seen one in person and I've seen a hell of a lot of American flags.

yep. all it takes is "the court of public opinion" to dissuade most fools from displaying their hate.
 

JulesMaximus

No Lifer
Jul 3, 2003
74,472
867
126
I believe he did know, asked and was rejected but still decided to buy/move there.

What a moron...

BTW-I don't have a problem with getting the rule changed to allow him his flag pole. I don't think he has any legal right to bitch though after he was denied twice before he even bought the place. MOH holder or not, rules are rules and he agreed to them when he signed his name on the deed. Let me repeat that, HE SIGNED HIS NAME stating that he agreed to abide by the CC&Rs.
 
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zinfamous

No Lifer
Jul 12, 2006
110,852
29,649
146
Well, hopefully some reasonable residents will take it upon themselves to get elected to the HOA for the explicit purpose of changing that rule, or defining exceptions to it. That's what I would do.

He should stage a coup with his Tommy Gun and Bazooka, and take over the HOA. probably wouldn't take too long.
 

tk149

Diamond Member
Apr 3, 2002
7,256
1
0
Law gives the HOA authority. The HOA can make changes to their bylaws.

1. That's not what I meant. If an HOA passed a rule that said "Only the flag of the U.S. may be displayed," how long do you think it would be before someone wanted to display a Mexican flag? Or Swedish flag? Or swastika? The first two possibilites most people would have no problem with, but I really doubt that most posters in this thread would tolerate the third. On the contrary, you'd probably see people posting that they would rip it down or deface the owner's property.

2. I can only speak for my HOA, but changing the bylaws requires a 51% affirmative vote by every homeowner. The Board cannot make changes on its own. In eight years, it's only been done once, and took months because most homeowners just didn't bother responding. The only change was to allow more varied paint colors and stain for decks and fences. For this minor point, which reduced restrictions, after months of sending out notices, a board member finally went house to house ringing doorbells until he got 51% of the neighborhood to sign off on it.

HOA's have a bad rep on this board, but how many of the posters here actually are governed by one, and of those, how many have even attended an HOA meeting, much less tried to get their HOA to ease restrictions?

I became an HOA board member solely because: (1) no one else really wanted to, and (2) I wanted the power to vote against silly restrictions like the MOH winner's flagpole.

The HOA board is required to enforce it's own rules. Selective enforcement would open the door to lawsuits, not to mention being completely unfair.
 

jonks

Lifer
Feb 7, 2005
13,918
20
81


We're more civil than P&N

That seems to be the narrative. I don't find it to be the case very often. It's just that there aren't really two sides to the issue of "Dumbass kid falls off treadmill LOL".

In any event, the argument among most people that I've seen in this thread is that the guy should be able to break the rules because he won the MoH. I find this reasoning pretty suspect. Either he is within the rules, or he's breaking the rules. His history as a soldier, while a compelling journalistic angle, is completely irrelevent as far as I can see with regard to his contract rights versus the housing authority.

But feel free to scream and rant about how the rules shouldn't apply to him. That tactic should prove quite useful in court.
 
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Blackjack200

Lifer
May 28, 2007
15,995
1,685
126
Wow, mix your typical ATOT hatred for homeowners associations with some good old fashioned jingoism and you get a dynamite thread.

Some of the responses here are ridiculous. Nazi flags? Special rules for MOH winners? Damn, I only won a silver star, no flag for me...

Per the law that was posted, he can already fly a flag. But he wants to drop a 20 foot pole in the ground and make sure everyone can see his display. I don't think it would bother me, but the HOA said no. Twice. To go ahead and put one up anyway is abrasive and self righteous. I'm glad he's not my neighbor.

Disclaimer - This is based only on what I've read in this thread. Different facts could change my opinion significantly.
 

JulesMaximus

No Lifer
Jul 3, 2003
74,472
867
126
1. That's not what I meant. If an HOA passed a rule that said "Only the flag of the U.S. may be displayed," how long do you think it would be before someone wanted to display a Mexican flag? Or Swedish flag? Or swastika? The first two possibilites most people would have no problem with, but I really doubt that most posters in this thread would tolerate the third. On the contrary, you'd probably see people posting that they would rip it down or deface the owner's property.

2. I can only speak for my HOA, but changing the bylaws requires a 51% affirmative vote by every homeowner. The Board cannot make changes on its own. In eight years, it's only been done once, and took months because most homeowners just didn't bother responding. The only change was to allow more varied paint colors and stain for decks and fences. For this minor point, which reduced restrictions, after months of sending out notices, a board member finally went house to house ringing doorbells until he got 51% of the neighborhood to sign off on it.

HOA's have a bad rep on this board, but how many of the posters here actually are governed by one, and of those, how many have even attended an HOA meeting, much less tried to get their HOA to ease restrictions?

I became an HOA board member solely because: (1) no one else really wanted to, and (2) I wanted the power to vote against silly restrictions like the MOH winner's flagpole.

The HOA board is required to enforce it's own rules. Selective enforcement would open the door to lawsuits, not to mention being completely unfair.

I live in an HOA community. I haven't been to a board meeting but my wife has been to a few.

I have lived in this HOA community for 10 years and in that time I've gotten exactly 1 letter from the HOA and it was regarding my lawn. I just gave them a quick phone call to explain why an area of my lawn was dead and to let them know that I was going to be resoding that area in a few days (they gave me a month to get it done).

One of my neighbors painted his house some colors that weren't approved but he only had to get his immediate neighbors (myself included) to sign off that it was okay, which I did. His house looks great IMO, one of the nicest on the block. Another widened his driveway so he had to get us to sign off on that...which I had no problem with either.
 

JulesMaximus

No Lifer
Jul 3, 2003
74,472
867
126
That seems to be the narrative. I don't find it to be the case very often. It's just that there aren't really two sides to the issue of "Dumbass kid falls off treadmill LOL".

In any event, the argument among most people that I've seen in this thread is that the guy should be able to break the rules because he won the MoH. I find this reasoning pretty suspect. Either he is within the rules, or he's breaking the rules. His history as a soldier, while a compelling journalistic angle, is completely irrelevent as far as I can see with regard to his contract rights versus the housing authority.

But feel free to scream and rant about how the rules shouldn't apply to him. That tactic should prove quite useful in court.

I couldn't agree more.
 

bl4ckfl4g

Diamond Member
Feb 13, 2007
3,669
0
0
I don't like HOAs and I wish they'd just be outlawed but it is this dudes own fault. He knew the rules apparently before he even moved there.
 

Nightfall

Golden Member
Nov 16, 1999
1,769
0
0
In any event, the argument among most people that I've seen in this thread is that the guy should be able to break the rules because he won the MoH. I find this reasoning pretty suspect. Either he is within the rules, or he's breaking the rules. His history as a soldier, while a compelling journalistic angle, is completely irrelevent as far as I can see with regard to his contract rights versus the housing authority.

This is the best post in this thread so far. As much as I think he should be allowed to erect his flagpole and fly the American flag with pride, at the same time he broke the rules. The bylaws of his association say differently. So he bucks the trend because he has a MoH. Personally, I believe he should be able to do whatever the hell he wants to do on his land, but the association has rules and he broke them.

We now return you to your regularly scheduled insult laden thread.
 

AreaCode707

Lifer
Sep 21, 2001
18,440
101
91
This is the best post in this thread so far. As much as I think he should be allowed to erect his flagpole and fly the American flag with pride, at the same time he broke the rules. The bylaws of his association say differently. So he bucks the trend because he has a MoH. Personally, I believe he should be able to do whatever the hell he wants to do on his land, but the association has rules and he broke them.

We now return you to your regularly scheduled insult laden thread.

I think the fuss is less about "MOH means you should be able to break the rules" than it is about "HOA is a bunch of unfeeling bastards who don't know when to make an exception to the rules".
 

Nightfall

Golden Member
Nov 16, 1999
1,769
0
0
I think the fuss is less about "MOH means you should be able to break the rules" than it is about "HOA is a bunch of unfeeling bastards who don't know when to make an exception to the rules".

Very true, but I see it more 50/50. There are a strong sect of people who think that you have a MoH and you should be able to bend the rules a bit. I see the value of that too. Hell, he fought for our country and deserves to have the rules bent for him. If he gets stopped by a traffic cop for instance for doing 80 in a 70 on the highway, he should get a handshake and a tip of the cap instead of a ticket.

At the same time though, it wasn't like the HOA didn't tell him to NOT put up a flagpole. Yes, I believe the HOA should make an exception to the rules for him because of his service to the country. I just think the guy was counting on that and he is facing resistance instead. Obviously, he doesn't like it.

I guess a judge will decide it and it will all ride on the judge they get. If the judge is pro military, then he keeps his flagpole. If the judge is not pro military, then he war hero is going to get fined and I am sure there will be more outrage.

Either way, the HOA is going to lose even if they win their claim.
 
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