I always find it interesting that these sort of stories only get press when it involves a flag or some such. You don't get press coverage when your garden gnome violates HOA covenants.

Some people (ME!) buy into communities because they have strict covenant's. I don't want to stare at 18 garden gnomes, or a bird bath shaped like the thinker, or an illuminated statue of liberty. (I can provide photo evidence!). I don't want my neighbors to paint their house pink. I don't want to live in a neighborhood with dead lawns everywhere. I also don't want to listen to your music, or your dog bark. I love my HOA. I wish they were more strict...

Maybe it's not the flag the the neighbors don't care for, maybe it's the 30 foot flag pole. My community has a flag pole at the entrance, I surely wouldn't like it if the guy across the street had one in this front yard.



PS and by the way- You don't get to break the rules, you don't get a free pass under the guise of patriotism. Not in my neighborhood.

It sounds like you want to live in a community of one... move out to the mountains where you wont be offended by the thoughts and feelings of those around you.

According to the article, state law said anyone can display a flag in a "respectful manner" as long as it is removable. I am positive that a retired Navy officer who has had friend die in service is displaying the flag in such a manner. HOA rules cannot supersede state law.

And exactly how is an American Flag bringing down property values? Pink houses with lit up Statue of Liberties maybe, but this is nothing like that.

I don't need to move, I bought into a nice community of like minded people, who follow the HOA covenants.

I seriously doubt the HOA is claiming the flag brings down property value, the homeowner stated that.

I thought that they made these rules to keep people from bringing down the property value of the homes around them. My grandma lived in a neighborhood like this and the rules were all related to property value. No chainlink fences, if you had a shed it had to match the house, if you decided to put up Christmas lights you couldn't have over a certain amount and they had to be taken down by January 1, certain stuff like that. There weren't rules like you have to have green curtains or pushy crap like that. If the HOA doesn't like his flagpole, then they should say that, but to say he has to take a flag down. Huh? I guess a naked flagpole would look better than one sporting an American flag.

I think the badbud's right. You can claim freedom and patriotism all you want, but community standards apply and if that community states you can't do x or y to live there, well, you've entered into a HOA contract in living there and so must abide.

On an associated note, it's interesting that you have to do so much more than just buy a house these days. You have to meet with community people, school people, bank people, etc. and in many ways be accepted into a community in addition to choosing to live somewhere. Maybe it was always so. But it's interesting to note how formal it's become.

I think the badbud's right. You can claim freedom and patriotism all you want, but community standards apply and if that community states you can't do x or y to live there, well, you've entered into a HOA contract in living there and so must abide.

On an associated note, it's interesting that you have to do so much more than just buy a house these days. You have to meet with community people, school people, bank people, etc. and in many ways be accepted into a community in addition to choosing to live somewhere. Maybe it was always so. But it's interesting to note how formal it's become.

While I don't live in a community like that, I think rules are rules, and they shouldn't break them for one person to fly a flag. If they where to let one person, they must grant the right to everyone else in the community to have 30 foot flag pools flying whatever flag they want.

Are you sure? I thought that was their whole point. I mean, there's no law against painting your house pink, but the HOA can certainly make a rule about it.

All of this is exactly why a requirement for anyplace I'd be willing to move is that there must not be an HOA. I'd rather put up with the "messy house" crap than an HOA's crap.

If you sign and agree to the bylaws of the community that does not have state funded upkeep they are legally enforceable.

What I meant was this - an HOA rule cannot override an existing legal statute from a state, county, city, country etc...like an HOA cannot legalize murder or disallow you from choosing a religious faith.

However, if no such law does exist, HOA rules then become enforceable, i.e. no pink houses.

Since state law says flying a flag is a specifically allowed right, then the HOA cannot take that right away - state law holds precedence. The HOA's jurisdiction is less than the state's.

There is no specifically allowed right to have a pink house given by the government, therefore the HOA is OK to enforce that.






Having said all that I also would never buy into an HOA...around here they fine you if you don't take your garbage cans in on time or park on your driveway as opposed to in the garage. When I buy a house, the last thing I want is some power hungry freak driving down the road every damn night looking for a way to fine me. I want to be able to be at ease in my own home, not afraid of the "property value police"

Why is Florida so weird? Can anyone provide a cogent reason? Seriously....