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  #16  
Old 3 December 2009, 17:46
ZAT ZAT is offline
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As much as I dislike HOA's I doubt that the guy has much to stand on. He obviously knew he couldn't erect the pole or he wouldn't have asked in the first place.

We don't need more laws we need more common sense and no amount of legislation is going to help there. In fact it is usually counter productive
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  #17  
Old 3 December 2009, 17:58
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Longrifle Longrifle is offline
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I have no problem with a HA prohibiting flagpoles and flags, of any kind whatsoever, except when it comes to the US flag.

Without the prohibition, there would/could be flags of all descriptions, national origins, sizes and shapes flapping in the breeze. A general prohibition is the best way to prevent a forest of stupidity from destroying the beauty of a neighborhood.

However, one exception should be made to any HA rule regarding flags and/or poles, and that is with regard to the US flag. Limit height to some arbitrary measurement above the nearest structure if need be, but no one should ever be restricted in the way they choose to properly display our flag.

If it is truly a symbol of our nation, how can it be restricted? Does any HA have the right to restrict what Federal laws apply within its borders as well? Flags in the breeze are acceptable unless they say it isn't?

I don't see the Colonel as violating a HA restriction. I see him raising a valid question: Should any HA have the right to tell anyone the US flag has no right to fly over US soil just because they say so?

If burning the flag disrespectfully is considered "freedom of speech," why isn't flying the flag respectfully considered the same and protected as well?
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  #18  
Old 3 December 2009, 18:09
Magyc Magyc is offline
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just a side note, but I think it's pretty damn cool that the CMOH citation from back in '44 uses the terminology "mop up" in reference to his Nazi killing skills. I think of that term more of a modern day term(and definitely not "official/citation" language)

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BARFOOT, VAN T.

Rank and organization: Second Lieutenant, U.S. Army, 157th Infantry, 45th Infantry Division. Place and date: Near Carano, Italy, 23 May 1944. Entered service at: Carthage, Miss. Birth: Edinburg, Miss. G.O. No.: 79, 4 October 1944. Citation: For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.
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  #19  
Old 3 December 2009, 18:10
Ralphie Ralphie is offline
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While on an emotional level, I sympathize with the Col, the bottom line is, rules are rules. No one if forcibly squelching his speech--he willingly and knowingly signed a binding agreement; though I personally consider the HOA to be a bunch of dicks, they are completely within their legal rights.

Making an exception for one person begets making an exception for all.
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  #20  
Old 3 December 2009, 18:19
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Husker19D30 Husker19D30 is offline
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Quote:
Originally Posted by Longrifle View Post
If burning the flag disrespectfully is considered "freedom of speech," why isn't flying the flag respectfully considered the same and protected as well?
This is what it comes down to for me. There would seem to be a first amendment issue here.
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  #21  
Old 3 December 2009, 18:42
P38 P38 is offline
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Quote:
Originally Posted by SOTB View Post
I think someone's home is something to be quite worried about.

HAs, like them or not, exist because people realized that it sucks ass to drop a shitload of money down for your dream, only to have your neighbor park his fridge on the lawn, throw up a ratty chainlink fence, and paint his house the fuchsia color he has always dreamed of. Some HAs have become fucking stupid -- I agree. Others are quite reasonable and serve their purpose.

I love when people "demand" to be allowed to do something in the name of patriotism. What a great concept. If you contest them, you are not a patriot. You become a scumsucker that hates the US.

What a crock....
+1

I have a home owners association and I like it. Out of over 300 homes, I'm one of only about a dozen people who actually show up at the meetings. I go because I want to ensure that small minded neighborhood Nazis don't get control of it. 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.

When I look at some of the neighboring subdivisions, I can see that they look like crap due to a weak HOA, or lack of rules. That impacts their appeal, and value. On the other hand, you can get an out of control HOA and I see the results of that as well. In this case, I don't think they were unreasonable. While they may not have specified flag poles, I'm sure their subdivision rules had a generic statement just like mine does and he decided it was a loop hole.

From what I read of the article, he can display the flag just like I can any day of the week. In my case it has to be on a bracket attached to my house. From the wording of the article I suspect that he has the same situation. Is that less 'American' or less 'Patriotic'? I don't think so.

I resent people making personal issues 'Patriotic' issues to win their way.
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  #22  
Old 3 December 2009, 22:14
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Is he allowed to fly the flag in some other fashion?

Flagpoles aren't the only way US flags are authorized to be displayed.

My mom just moved to a retirment village, a condo as opposed to one of the stand alone villas the also have. This is the first time in her adult life that she's lived at a place where she has to abide by their rules.

They don't seem that restrictive, but when I mentioned that when it came time to wash her screens I thought I'd just bring over a power washer and do it there, she told me that's something that probably couldn't be done. So, we'll have to bring the screens over to somebody's house to do them, or else pay the HA $5 a shot to wash them.

The hell with that. Paying to have them washed, that is.
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Last edited by Spinner; 3 December 2009 at 22:18.
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  #23  
Old 3 December 2009, 22:31
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Quote:
Originally Posted by Longrifle View Post

If burning the flag disrespectfully is considered "freedom of speech," why isn't flying the flag respectfully considered the same and protected as well?
Quote:
Originally Posted by Husker19D30 View Post
This is what it comes down to for me. There would seem to be a first amendment issue here.
I'm sure they wouldn't let him burn one in his yard either.

I do kinda like the idea of a law protecting a persons right to display the US flag. However, I don't enjoy new laws telling us what we can or can not do on private property. Oh what the hell, he has a MOH. Let him do whatever he wants!
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  #24  
Old 3 December 2009, 22:36
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I can't find it, or maybe I'm not looking in the right place, but there was a video that came out a few years ago showing two older Vets in what looks like a condo complex, competing with each other to see who can raise the flag first every morning.

I thought Charles Durning played one of them, can't be sure.
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  #25  
Old 3 December 2009, 22:36
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I'm on our HOA board and I completely agree with SOTB and P38. We are not HOA Nazi's but it does serve the neighborhood well. It's important to have something established. I don't want the value of my house going down because someone setup an auto repair shop out of their garage or they have 8 cars for a family of 4 parking in the yard, on the street etc.
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  #26  
Old 3 December 2009, 23:10
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Old_Starlight Old_Starlight is offline
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I've read with interest a few threads where folk in the US have had flag issues. They have cropped up here in Australia as well, but it's usually the local council and in one memorable episode a few years ago, the complaints were fueled by immigrants feeling offended by the ANF (Australian National Flag) being flown in "their" street.

However, if a VC recipient wanted to fly a flag, I don't think any local authority would have the guts to protest. After all, Her Majesty's own Palace Guard is bound to obey the orders of a VC survivor regardless of the worn rank....what's a local council going to do?

Whilst I disagree with people using "patriotism" as a vehicle to get their own way, I do personally feel that if you survived a CMOH or a VC award, then you've earnt a little leeway.

Not that my opinion in this matter is worth diddly.
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  #27  
Old 3 December 2009, 23:32
Section8 Section8 is offline
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So As I understand the general consensus here is that we should all bow down to a HOA because they are right and we are sheople. They are above the federal and state statues. Interesting!!!
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  #28  
Old 3 December 2009, 23:38
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Quote:
Originally Posted by Section8
....and we are sheople....
Aww, look -- someone who meets the definition of melodramatic....
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  #29  
Old 3 December 2009, 23:45
Section8 Section8 is offline
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Quote:
Originally Posted by SOTB View Post
Aww, look -- someone who meets the definition of melodramatic....
Patriotism is what this country is founded on!!!

"Stand for something or fall for everything" ............... your call!
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  #30  
Old 3 December 2009, 23:50
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Quote:
Originally Posted by Section8 View Post
Patriotism is what this country is founded on!!!

"Stand for something or fall for everything" ............... your call!
Quote:
Originally Posted by SOTB View Post
Aww, look -- someone who meets the definition of melodramatic....
...
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