COL Barfoot -Threads Merged

[MakoZeroSix]

On one hand, I see the point of those who say "Hey, he signed a contract". I really don't think anybody should be idiotic enough to live somewhere with an HOA at all unless they want to obey all kinds of gay rules.

Then again, what if the HOA made a rule like "No African Americans shall visit said property" or "No acts of oral copulation shall be permitted within the premises"? Is that okay because he signed it? Or would everybody say that is unconstitutional. So isn't it unconstitutional to prohibit the display of an American flag? What if the flag was gigantic and said "Go fuck yourself, fuckers" on it instead of being a patriotic flag?

I don't know what to think. Easy solution is don't live where there is an HOA.

[Longrifle]

This is the solution:

On May 28, 2008, Florida Gov. Charlie Crist became the latest politician to wade into the debate over homeowner associations' restrictions on flag displays. Crist signed a law allowing Florida homeowners to build a freestanding flagpole of 20 feet or less and fly a flag as large as 4.5 feet by 6 feet.

Bold is mine. It should be clarified somehow to apply only to the US flag.

Now if Virginia (and other states) had something like this . . .

[billdawg]

Of course different states will interpret it differently. But, here in Nebraska several years ago, and HOA took a guy to court for painting his house an obnoxious purple. The court sided with the homeowner, saying that private property trumped the HOA rules.

On a similar side note. My Uncle, was taken to court by his neighbors back in the 1980's, for flying his flag. They said it was too loud. My uncle was a vet, and head of civilian security at White Sands missle base. The original suit agianst him was won by the neighbor. My uncle took it to the NM supreme court, and they threw it out. It's been awhile so my memory is hazy. I do rememeber Paul Harvey talking about it,and it was in People magazine as well.

[Section8]

Originally Posted by KidA

What current one? There's no law saying I can't put up a flagpole in my yard. I can go put one up right now in fact.

But I don't live in a neighborhood with a voluntary HOA that has rules and statues I agreed to abide by.

Originally Posted by SOTB

And there it is -- I love when people do exactly what I think they will....

[J2S]

Originally Posted by Longrifle

This is the solution:

Bold is mine. It should be clarified somehow to apply only to the US flag.

Now if Virginia (and other states) had something like this . . .

Agreed - a great fix. I could not open the article so in case it does not correctly reflect the law, Section 720.304 provides in pertinent part:

(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner's real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag.

(c) This subsection applies to all community development districts and homeowners' associations, regardless of whether such homeowners' associations are authorized to impose assessments that may become a lien on the parcel.

(3) Any owner prevented from exercising rights guaranteed by subsection (1) or subsection (2) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners' association document or rule that operates to deprive the owner of such rights.