This one comes from Macedonia, Ohio, via WEWS
A U.S. Army veteran is fighting a battle over his right to display an American flag at his home in Summit County.
Fred Quigley, 77, said his homeowners association has asked him to remove a flagpole from his front yard. He lives in the Villas at Taramina in Macedonia.
Here’s the deal: homeowners are allowed to fly flags from their homes, but not put in a flagpole, according to the community by-laws. Ohio state law, along with federal law, apparently says that there can be no restriction on flying the flag, according to Quigley’s lawyer. Joseph Migliorini, who represents The Villas at Taramina, states that Quigley will be taken to court if it is not removed.
Now, when someone moves in to a community, they agree to the rules. On the other hand, the law of the State comes first. Here’s where it gets really stupid
Many residents said they are concerned about the flagpole in Quigley’s yard because it does not adhere to their association’s rules.
Concerned about……what? Something’s sure missing. What is there to be concerned about? Perhaps the flag poll might be struck by lighting and spawn a Transformer? Or, perhaps it might be a show a patriotism that offends liberal sensibilities.
Apparently, Quigley is a “rogue homeowner.” And, it is “unattractive”, according to one person. What’s the difference between a flagpole in the ground and one attached to the house?
This is gonna be one of the splitting hair things.
The Federal Code says that a home owner’s association cannot restrict the flying of the flag as long as it is done within the approved Flag Code of the US.
source: http://www.senate.gov/reference/resources/pdf/RL30243.pdf
But here’s the rub….the Federal Code doesn’t specify that the flag must be allowed to be on a pole.
The argument from the HOA is going to be “we aren’t restricting him from flying the flag. We are saying he has to get permission for the flag pole. That is not a restriction on the flag at all.”
However, the association runs into trouble with the Ohio law that says:
No declaration, bylaw, rule, regulation, or agreement of a condominium property or construction of any of these items by the board of managers of its unit owners association shall prohibit the placement of a flagpole that is to be used for the purpose of displaying, or shall prohibit the display of, the flag of the United States on or within the limited common areas and facilities of a unit owner or on the immediately adjacent exterior of the building in which the unit of a unit owner is located, if the flag is displayed in accordance with any of the following:
source: http://statutes.laws.com/ohio/title53/chapter5311/5311_191
The HOA had a slim leg to stand on with the Federal Statute, but the Ohio law rips that away.
Save the money. Settle now. The guy keeps his flagpole and US flag.
I can understand the HOA. A flag pole in the middle of someone’s yard can be an eye sore. If he does not like the HOA, he can move to an unrestricted neighborhood. Some people might feel that a flag pole in one yard is no problem, but it sets a precident. What would occur if everyone put a flag pole in the front yard? Then you have a problem. Thus the HOA has a point.
Besides, if he wants freedom, he should fly the stares and bars.
“Perhaps the flag pole might be struck by lighting and spawn a Transformer?”
That would be SOOOO COOL! I’m gonna put up a flagpole right away! Hope we get a thunderstorm!
Could be worse. One Virginia HOA pulled this crap on a Medal of Honor recipient.
Medal 1
HOA 0
http://proof-proofpositive.blogspot.com/2009/12/moh-recipient-wins-battle-to-keep-flag.html
Calm down david. Someone might think you are a redneck southern white-hatted boy.
The American flag of the United States was the flag that brought our freedom initially and it still stands for freedom.
My take:
If you move in and sign an agreement, then that is a contract. Granted, contracts can not go against laws of the land. But he knew moving in what was allowed and not. Easiest way is to go and seek permission first. If they turn you down, then put up the flag pole anyway and make them go up against the Ohio State Law.
Second, its a measily flag on a flag pole. I have seen radio and TV antennas that are larger than that.
Third, HOA’s are communistic and should be defeated at any chance. How dare they tell homeowners how to live in their home or do with what owners want with their homes.
But, this is the country we live in now. Hell, no one owns their property any more. Everyone leases their lands from the government. There is no longer ownership and anything anyone does to their homes, in urban areas, has to be pre-approved and permitted.
People keep electing socialists, and this keeps happening.