Sorry, No Flags Allowed

[The Straight Story]

Sorry, No Flags Allowed

JACKSONVILLE, Fla. (CN) - A condo owner claims his homeowners association "repeatedly harassed, fined, and ... tormented" him for putting two little American flags in flower pots outside his door.

Larry Murphree sued The Tides Condominium At Sweetwater by Del Webb Master Homeowners' Association, in Federal Court.

Murphree claims the HOA violated the Freedom to Display the American Flag Act, 120 Stat. § 572, which President George W. Bush signed on July 24, 2006.
"Plaintiff began displaying a small United States flag in the garden pots outside the door to his condominium unit on or about July, 2011," the complaint states.

....

Murphree claims the Freedom to Display the American Flag Act "makes it illegal for condominium associations such as the defendant to curtail or limit the speech of persons wishing to display the United States flag outside of their condominium units, even if such display of the United States flag arguably violates one or more of the covenants and restrictions of the declaration of condominium.

http://www.courthousenews.com/2012/02/17/43988.htm

[Renew Deal]

1. Homeowners associations are evil

They are busy body control freak authoritarians.

[Texasgal]

2. What a dumb thing to ban.

There was a story many years ago here In Austin about an HOA that was over the top.

The homeowner put a plastic pink flamingo in his yard as protest. It grew and the whole neighborhood was covered in plastic pink flamingos! It was a great story!

Rigid HOA's suck!

[pipi_k]

14. hahahaha!!!

Now that is funny!

Would have loved to see a photo

[pinboy3niner]

3. Faux News will dispatch its best 12 reporters

And Santorum will appear on Hannity to blame Obama's socialist Islamic theology.

[spanone]

6. that's very funny....and close to the truth!!

[appleannie1]

4. I can understand when they object to a 30 foot pole with a huge flag on it but

to object to a small flag in a flower pot is just plain stupid and uncalled for.

[virgogal]

5. Rules are rules. I live in a condo and don't like all of the regulations. I can

go along with them or I can move.

[OriginalGeek]

7. Rules are rules unless

the rule is against the rules.

DISCLAIMER: I don't know the law.

But it appears there is a rule that says HOA cannot stop someone from displaying a flag. If that's the case then this guy should be allowed to display his flag.

There's been other rules in the past that got changed because they were bad rules.

Nothing ever got done by sitting back and just accepting the rules.

[treestar]

11. But wouldn't he be waiving his rights by signing this?

Too often people sign things and then think they shouldn't have to follow them.

[OriginalGeek]

13. I don't know

I've never been in an HOA and that's why I put in the disclaimer lol.

But I am pretty sure there are situations where someone might ask you to sign something and you might sign it but they don't legally have the right to ask it of you so whatever you signed is not fully enforceable. Or that there is another law that supersedes the thing you signed so you are not obligated by the contract.

I don't think there is any question that people in power sometimes take advantage of people who have no power and who aren't fully aware of their rights. I guess the argument is valid that a person should get themselves fully informed but it should also be the case that you don't purposely mislead or take advantage of someone you know that isn't fully informed just because you can.

In general, though, I am fully with you. Don't even get me started on pro athletes that want to "renegotiate" how many millions of dollars they get for playing a game. But even then, if there is something built into the contract that allows it, more power to them. But if not, honor what you signed and renegotiate when that contract is up.

[former9thward]

16. You can't waive your rights.

Federal law would wipe out any HOA agreement. He should sue them.

[ProgressiveProfessor]

9. There are cases where the law overrides the HOA/CC&Rs

That includes antenna placement, US Flags, and in California solar power. Some HOAs refuse to acknowledge that, placing their rules as sacred scripture...and it just isn't so. Telling them that can cause all sorts of hate and discontent.

Helped a friend go through this recently. HOA was mad as a wet hen, but the California Solar rights act has loser pays and penalties associated with it.

[MattBaggins]

12. Or you could stand up and tell the HOA to fuck off

Sometimes rules need to be broken.

[DCKit]

8. I'm waiting for a letter about my HDTV antenna - another thing covered by Fed law. nt

[ProgressiveProfessor]

10. If they do, tell them to pound sand

Its well settled at this point...they can not control antennas

[DCKit]

15. Or satellite dishes. But that doesn't stop them trying.

I'd have it indoors, but I get far more channels with it on the balcony, and there's not a damn thing they can do about it - unless they're willing to buy new antennas for our in-house cable system, but they lease those rights to a really crappy (pay-to-view, 13 channel) local cable company.

If you think the Republics in Congress are regressive, the condo boards we've had for the past twenty years really put them to shame.