Abandon ship, all hope is lost.

[Stschil]

I hope the HOA chokes on it's own paperwork. Pretty clear cut, if there is a law that says it's not legal to restrict the display of the Flag, the HOA is wrong. If they push and take the guy to court, they should be forced to pay for the Vet's fees, the Courts' fees, the Judges' salary for that day, anything and everything that had to be wasted because of their frivolity. IDIOTS!

 

[Kutnupe14]

Here's the text (I think he may have good suit if he wants to follow through)

7/24/2006--Public Law. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Freedom to Display the American Flag Act of 2005 - States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

 

[IndySSD]

Here's the text (I think he may have good suit if he wants to follow through)

7/24/2006--Public Law. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Freedom to Display the American Flag Act of 2005 - States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

Good reference!

Hmm.... wonder if we could get some sort of federal lawyer to send them a cease and desist letter threatening the HOA with legal action if they continue with their illegal persecution of this vet.... Now THAT would be justice.

 

[96firephoenix]

Here's the text (I think he may have good suit if he wants to follow through)

7/24/2006--Public Law. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Freedom to Display the American Flag Act of 2005 - States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

The H.O.A. Rule is about the FLAG POLE!!!!!! Not the flag!!!!

I'd think that a regulation against a flag pole is restricting him from displaying the flag.

I agree about staying out of HOA neighborhoods to the extent that it is restrictive. MY uncle is (or was) president of his neighborhood's HOA, and all it does is keep track of who all is on vacation and who is home, pay an off-duty sheriff to patrol the area and have a 4th of July cookout in the neighborhood park. It's also voluntary.

 

[Dirtebiker]

The H.O.A. Rule is about the FLAG POLE!!!!!! Not the flag!!!!

Still stupid, but thought I would point that out!!!!

The home owner should simply purchase (or have donated!!) 100 flags and hang them all over his house!!!!! That would show them!!! Not against the rules, right?!

We had an INGO member, not long ago, with the same problem, how did it work out for him?

I also agree with those that say STAY OUT OF H.O.A. NEIGHBORHOODS!!!!!!! I would never live anywhere that someone else can enforce such silly rules!!!!!

 

[RockofStrength]

I'd think that a regulation against a flag pole is restricting him from displaying the flag.

I agree about staying out of HOA neighborhoods to the extent that it is restrictive. MY uncle is (or was) president of his neighborhood's HOA, and all it does is keep track of who all is on vacation and who is home, pay an off-duty sheriff to patrol the area and have a 4th of July cookout in the neighborhood park. It's also voluntary.

He could, reasonably speaking, display it from a window or the like.

INAL, but the HOA will have to be grasping at that one and only straw in order to win this.

 

[IndyBeerman]

It should be against the law to prevent anyone from flying the Flag of the United States.

It is:

http://www.gpo.gov/fdsys/pkg/PLAW-109publ243/html/PLAW-109publ243.htm

The H.O.A. Rule is about the FLAG POLE!!!!!! Not the flag!!!!

Article 4 specifically states in bold below that they can not pass any rule on the proper use or display of the flag.

To me "proper display" includes a lighted erect flag pole.

------------------------------

[109th Congress Public Law 243] [From the U.S. Government Printing Office]
[DOCID: fubl243.109]

[[Page 120 STAT. 572]]
Public Law 109-243 109th Congress
An Act To ensure that the right of an individual to display the flag of the United States on residential property not be abridged. <<NOTE: July 24, 2006 - [H.R. 42]>>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Freedom to Display the American Flag Act of 2005.>>

SECTION 1. <<NOTE: 4 USC 5 note.>> SHORT TITLE.
This Act may be cited as the ``Freedom to Display the American Flag Act of 2005''.

SEC. 2. <<NOTE: 4 USC 5 note.>> DEFINITIONS.
For purposes of this Act--
(1) the term ``flag of the United States'' has the meaning given the term ``flag, standard, colors, or ensign'' under section 3 of title 4, United States Code;

(2) the terms ``condominium association'' and ``cooperative association'' have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603);

(3) the term ``residential real estate management association'' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and

(4) the term ``member''--
(A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association;
(B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and
(C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.


SEC. 3. <<NOTE: 4 USC 5 note.>> RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
[[Page 120 STAT. 573]]

SEC. 4. <<NOTE: 4 USC 5 note.>> LIMITATIONS.
Nothing in this Act shall be considered to permit any display or use that is inconsistent with--

(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or

(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

Approved July 24, 2006.
LEGISLATIVE HISTORY--H.R. 42: ---------------------------------------------------
CONGRESSIONAL RECORD, Vol. 152 (2006): June 27, considered and passed House. July 17, considered and passed Senate.

 

[furbymac]

i would attach a 40' pole to my roof and fly the biggest flag i could afford and there isn't a thing they could do because it is attached to the house which in the story states that is ok

 

[philo]

Here's the text (I think he may have good suit if he wants to follow through)

7/24/2006--Public Law. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Freedom to Display the American Flag Act of 2005 - States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

I think the whole HOA thing is nonsense, but they will use the above law in their favor. They only need to make the claim that their restriction with regard to the manner of displaying the flag is "reasonable".

In a perfect world the vet should win his case, but in the legal system we have, I'd say 60/40 in his favor. That's the difference between "justice system" and "legal system". If he can drag the case out till next year, the election year should get a lot of politicians jumping on his bandwagon - it can't hurt.

 

[hornadylnl]

Our founders shed off a nanny to get our flag. Now, people welcome nannies into their lives with open arms and want their flag to.