OK, fess up... which of y'all would have wanted the guy to take his flag down?

[sbell111]

Those people seriously need a reality check and something meaningful in their lives.
I can not fathom people being so petty or materialistic that this would become an issue anywhere in this country. They should be ashamed of themselves.

How dare they try to enforce the rules that the entire HOA agreed on? How dare they try to ensure that their other rules remain legally binding?

The nerve of some people.

 

[shrubber]

I would have hoped he'd gone all Clint Eastwood Gran Torino....

Get off my lawn!!

 

[karen l]

It wouldn't bother me one bit. He served his country & should be allowed to fly the flag on his own property.

 

[mill4023]

One, I do not see where the First Amendment is involves, since a HOA is not a governmental agency.

As for the Freedom to Display the American Flag Act of 2005, let us have the whole act (section 1 is the ‘short title’, Section 2 is definitions):

Section 3. 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.

Section 4. 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.

Emphasis added by me.

Hence, an HOA may still place reasonable restrictions on the manner of displaying the flag, which would probably include outsized flagpoles.

I did not mention the first amendment in my post.

I posted the information as a response to a previous poster's suggestion that if they allowed people to fly American flags, they would have to allow people to fly other types of flags. I was simply pointing out that there is legislation that gives people the right to fly a US flag, without any mention of other flags.

I also never said that the HOA cannot place restrictions on how someone displays the flag. I was only pointing out that the HOA is not all powerful. People have certain rights by law that cannot be taken away, no matter what kind of rules the HOA puts in place.

 

[mill4023]

The problem with HOA's is that the interpretation of the rules often depends on who is doing the interpreting. Yes, some of the rules are spelled out clearly, but some are not. I don't know the details of this particular case, but when I read "the neighborhood's aesthetic guidelines", I wondered how detailed those guidelines are and how much of it is open to opinion and interpretation by the members of the HOA board.

We moved to the Charlotte are a 3 years ago and if you want to buy a newer home, it is nearly impossible to avoid HOA's.