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#16
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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
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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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“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.” ~Patrick Henry "Sēlre bið æghwæm þæt hē his frēond wrece, þonne hē fela murne." ~Bēowulf, bearn Ecgþēowes “So, let it rock on-“ Gen’l (R) Thomas S. Woodward, Wheeling, La, 2 May, 1857 |
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#18
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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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----------------------------------------------------- "The greatest trick the Devil ever pulled was convincing the world he didn't exist." |
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#19
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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
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This is what it comes down to for me. There would seem to be a first amendment issue here.
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"History is the fiction we invent to persuade ourselves that events are knowable and that life has order and direction. That's why events are always reinterpreted when values change. We need new versions of history to allow for our current prejudices." -Bill Watterson |
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#21
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Quote:
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
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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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"This is supposed to be a happy occasion! Let's not bicker and argue over who killed who!" Last edited by Spinner; 3 December 2009 at 22:18. |
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#23
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Quote:
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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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The right of a nation to kill a tyrant in case of necessity can no more be doubted than to hang a robber, or kill a flea. John Adams |
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#24
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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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"This is supposed to be a happy occasion! Let's not bicker and argue over who killed who!" |
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#25
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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
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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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AJ sends. On the 11th Hour of the 11th Day of the 11th Month, we will remember them. Lest We Forget. |
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#27
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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
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Quote:
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Losing faith in humanity, one assclown at a time.... |
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#29
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Patriotism is what this country is founded on!!!
"Stand for something or fall for everything" ............... your call! |
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#30
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Quote:
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The right of a nation to kill a tyrant in case of necessity can no more be doubted than to hang a robber, or kill a flea. John Adams |
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