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Marine Vs. HOA over a flagpole

#66
Gard said:
That sir is the official flag of the WHO DAT NATION!!!

:hyper:

;)
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Meh, I've got better

Gardcanflag.png
 
#68
I'm a veteran (US Army), I love the country I served, I frequently fly the flag, I live in a HOA neighborhood, and I think this Marine is out of line.

Being a Marine, being a soldier, he should understand laws, standards, and codes a lot better. They exist for a reason, no one is above the law, and he needs to straighten his gig line (i.e. get his act together).
 
#69
You can't do it here in the Woods. If you don't like HOA's, don't live in places where they are in place as others have stated. It'd be one thing if he couldn't fly it at all, but since he can, why doesn't he? :idk:
I like HOA's b/c that means not anyone can move in next door and paint their house blue or orange or green or pueblo brown and park 3-5 cars in the yard, like most of Houston has become. They're trying to keep the Cypress area nice which I understand, and he can just move to Conroe or Willis where nobody cares about that stuff.
 
#70
Good read so far through all the posts. I really wouldn't compare what the guy is doing to be anything as noble, or even anything remotely close to fighting for one's real inalienable rights and liberties, which is what Rosa Parks did. He has a flag pole in violation of the HOA rules, on the size and placement of flag poles, and he doesn't want to abide by the rules he signed onto. Oh boo, hoo, hoo. I am grateful that nobody so far has tried to use any Nazi or Hitler comparisons in the discussion so far.:rolleyes:
 
#72
Febs said:
Hmmmmm. It seems like you forgot to quote section 4:



Do you claim that the HOA's rule here is not a "reasonable restriction pertaining to the ... manner of displaying the flag ..."

Was this bill ever signed into law?
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Yes, I find that it is unreasonable to tell the man he can only use a 6' foot flag pole.

The flag will still flap in the wind on a 6' pole and make noise too. So ya'll will have to forgive me if I find the HOA using the whole "it'll make too much noise" as a bullcrap excuse.

There are numerous flag poles around here of varied heights. Each and every one of them make some sort of noise when the wind blows, but it's not nearly enough to disrupt someones life when you're indoors. At least thats IME in living near them.
 
#73
Pilgrim said:
I agree with you. However, there is a difference between civil disobedience in Rosa Parks' case and insisting on flying a flag at an obnoxious height after agreeing to the HOA rules which prohibit you from doing so. When you buy the house, you are bound by the HOA rules whether you like them or not. That's the law. You are also bound to any FUTURE changes in HOA rules whether you like them or not. Why? Because you're a member of the HOA and can vote on changes.

If this guy wants to fly a flag umpty-feet up, his recourse is to work with other members of the HOA and initiate a change in the bylaws. If he can't get enough support to do that, he's out of luck. Of course, he can sue the HOA for a change, and after he loses, he will have wasted a lot of his money and t lot of the HOA's money. That's how it works.

There is no respect in which this incident rises to the level of Rosa Parks' courageous action.

I think many people posting here are not aware of the legal process and issues involved in HOA actions. I've been an officer and occasional president of a very good HOA for a number of years, so I have a pretty good feel for this situation.
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Well, seeing as the article said the neighbors don't seem to mind and he gets compliments on it, that also tells me that the HOA needs to STFU and revamp their rules.


basstotheface said:
This is exactly what I mean by tangential. You can't think of a real reason why this man, who agreed to rules, should be able to break them. So you use crazy examples that have nothing to do with this case. Did Rosa Parks agree to sit in the back of the bus? Did she have the choice to go somewhere else so that she could sit wherever she wants? Did slaves have the choice to not be slaves?
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Yes she had a choice to not sit at the back of the bus. She could've always walked. More importantly, Rosa Parks incident and the civil rights movement didn't happen until about 100 years after the slaves were set free. That's long after the slaves were freed, so yup, she and others did have the choice to move to a more liberal area that didn't have those types of segregation laws/rules in place. Instead, she and others stayed and chose to break those rules to implement change.


But hey, rules are rules and should be obeyed by all. My point behind the example is quite valid because it was said "rules are rules and everyone needs to obey them." They broke the rules back then, it really is that simple. Yeah, the cause and significance is very different and one was ultimately more important than the other, but the plain and simple truth is, Rosa and others broke the rules back then.
 
#75
hbarcat said:
I think the guy is being unreasonable. They said he could display the flag as long as it's on a standard flagpole according to the rules of the HOA - the same rules he agreed to follow when he moved in.

He needs to go to the local hardware store and buy a flagpole that fits the code and then go home and put that up. Problem solved.
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I agree. He bought the house knowing the rules in the HOA, and is now upset that those same rules are being enforced.

I don't personally like neighbourhoods like this, but if you agree to something, you should uphold your word.
 
#76
cassanova said:
Yes, I find that it is unreasonable to tell the man he can only use a 6' foot flag pole.
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Nothing personal, but this opinion does not matter. What matters are the HOA rules and bylaws he agreed to when he moved in.

cassanova said:
Well, seeing as the article said the neighbors don't seem to mind and he gets compliments on it, that also tells me that the HOA needs to STFU and revamp their rules.
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You can't possibly believe that this matters, either. If he and the neighbors are together, they can initiate action to revamp the rules. If they succeed, fine. If not, fine. The HOA cannot and should not "STFU", because they have a legal responsibility to all the homeowners to enforce the bylaws.

What is so hard to understand about the fact that this guy has a legally binding contract, and it doesn't matter whether we like the rules he agreed to??

And please drop the Rosa Parks thing...it's absurd.
 
#77
cassanova said:
Yes she had a choice to not sit at the back of the bus. She could've always walked. More importantly, Rosa Parks incident and the civil rights movement didn't happen until about 100 years after the slaves were set free. That's long after the slaves were freed, so yup, she and others did have the choice to move to a more liberal area that didn't have those types of segregation laws/rules in place. Instead, she and others stayed and chose to break those rules to implement change.


But hey, rules are rules and should be obeyed by all. My point behind the example is quite valid because it was said "rules are rules and everyone needs to obey them." They broke the rules back then, it really is that simple. Yeah, the cause and significance is very different and one was ultimately more important than the other, but the plain and simple truth is, Rosa and others broke the rules back then.
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cassanova said:
Nice use of critical thinking skills.
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EL-OH-EL.
 
#79
Pilgrim said:
What matters are the HOA rules and bylaws he agreed to when he moved in.
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This^^^

Furthermore, height restrictions are common in many municipalities and neighborhoods. You have to go somewhere pretty remote and away from others these days to get away with erecting anything of substantial height. The obstruction of views and allowing an atmosphere where people can potentially erect eyesores is something many areas try to discourage. I don't think it's that restrictive; it seems pretty reasonable to me.

(No, I do not find the flag an eyesore, but when the duffas next door builds a 20' ham radio tower or pop art sculpture and defends it by saying the Marine has his 20' flag pole, we got problems.)

His current neighbors may not care, but that is inconsequential and could easily change in the future when a new neighbor moves in, and the HOA is rightfully (and lawfully) trying to set a precident for the entire area. More power to them.

If you've ever lived in a neighborhood where jackass neighbors create all nature of eyesores, ruin the aesthetics of the area, drive down property values, and by doing so encourage all nature of other kinds of madness, then you might come to appreciate living in an HOA neighborhood, or at least understand those who do. I've done both, and although I had to bend over backwards three times, jump through three hoops, and kiss as many butts to get an approval for a color to paint my house this summer, I am still happy to live in an HOA-controlled area.
 
#80
While I could never see myself living in an HOA-run neighborhood, I think this guy is in the wrong. I might like to have a 20' flagpole myself, or maybe a nice big ham radio antenna mast, but because of that I just wouldn't buy in a location that has such restrictions.
 

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