Background: I bought a flag pole at the Flower and Patio Show. The covenants clearly state that prior approval is nor required. They gave me a specific location to put it. I did not comply.
I wanted to invite them to **** up a rope, but my wife didn't like the idea!
Dear xxxx,
I read your email regarding my flags and flag pole several times with great interest. I found it to be both annoying, yet amusing. I have read the covenants, specifically Article XIV, Section 3K, pages 34-35, as amended and restated December 2008, which addresses flags and flag poles, very carefully. Unless they have been further amended without my knowledge, my flag pole, flags and its location are within the published guidelines and prior approval is not required.
Please take a moment and review the first sentence of the first and second paragraphs. For your convenience, I have attached page 34 of the covenants. First sentence, first paragraph: "Pursuant to the Freedom to Display ... Owners within XXXX may display an American flag on their property without prior permission of the Committee, ..." First sentence, second paragraph: "Prior approval is not required for any Owner wishing to install ... a freestanding flag pole no more than thirty (30) feet in height nor more than four (4) inches in diameter." As I have previously stated, my flag pole is within the guidelines specified.
Furthermore, there is no restriction stated within the covenant regarding the number of flags which may be displayed per pole. The only "one flag" reference is in the fifth sentence of the second paragraph which states: "An owner may not display more than one (1) American flag on his Tract/Lot at the same time without obtaining prior written permission from the Association."
With all due respect, do I look like I just fell of the back of a banana truck? Let me assure you, that is not the case. However, I am at a loss as I try to reconcile the covenants as published, with your more restrictive, arbitrary "uniformity with the flag pole that had been installed across the street" requirement and the not-so-veiled threat of legal action for non-compliance. I am well within the letter, as well as the spirit of the covenants as written.
In conclusion, I need to know if the association is going to abide by the covenants or not. If the association is not going to play by the rules, there is no reason to expect me to follow them. Please do me the favor of a prompt reply, as I too, look forward to a speedy resolution.
With respect,
I wanted to invite them to **** up a rope, but my wife didn't like the idea!