Freedom to Display the American Flag Act of 2005 (Berlin: living, place)
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I received a letter back that they fowarded my letter to one of the committees to review. He also mentioned that they've been following the law since the development which started in 2002.
The Freedom of Flying the American Fly Act Law was passed in 2006.
Hell, I might be the first person to challenge the by-laws on no flagpole.
Seriously, depends on how far I want to take this as I know other HOA's have tried to stop condo owners from flying a US flag and the HOA has lost. In my case we own the single family homes and land outright.
So are they saying the pole is in violation, or the flag itself? It’s sounds like it’s the pole from what you’ve said. Is there a different kind of pole they would accept? What rule did they say it was violating? I didn’t read the law you posted, but does it protect your right to display the flag only, or also say it can be displayed on whatever kind of pole you want?
I’m glad we don’t have a HOA. Some would hate my neighborhood because there are old boats and cars, etc. HOAs are very restrictive in many areas though, and I wouldn’t buy a home with an HOA for that reason. It really doesn’t seem clear though that it’s the flag that is the issue, but the pole. No one ever gave their lives for a pole, so I’m not sure the posts that’ make this about patriotism aren’t misplaced.
i am fortunate to have been born on a certain country that offers more than most other countries. but as far as the people are concerned, i dont value them more than people who happen to be born on another piece of dirt. we are all human and our lives have equal value.
except me and my family, our lives are worth more than all others combined.
So it's all about you, huh? In order for us to even have this nice country, it is necessary that we have a covenant on some level with our fellow Americans. A family unit works very much the same way. You wouldn't be selfish and unappreciative towards your family, and neither should you be towards your country.
We're not a condo or coop as we own our land fee simple.
Guess you did not read the part where it noted the opportunity for abuse was particularly ripe for HOAs because of the exception allowing for time, place, and manner restrictions (not to mention the ability to impose institutional standards for flag display). You might "own the land" in fee simple but the use of the land for can be restricted
Guess you did not read the part where it noted the opportunity for abuse was particularly ripe for HOAs because of the exception allowing for time, place, and manner restrictions (not to mention the ability to impose institutional standards for flag display). You might "own the land" in fee simple but the use of the land for can be restricted
Absolutely. I actually talked to a friend of mine about this and he lives in a spot with an HOA and he can display his Flag and does but he can not have a free standing poll .He says it doesn't bother him and no one else seems to care. He said the reason being is the wiring to light up the poll which is what I said way before this . A Flag must be lite up if flying at night ,yes he owns his home but all digging must be approved becuase of wiring , gas lines, sewer lines etc. He can have a garden but they must be raised beds .
Typically the HOA is not imposed "on themselves" by the residents at all.
Instead the residents are attempting to fulfill one of the most fundamental needs - housing. The housing was burdened with involuntary membership HOA by the developer/builder long before any of the property was conveyed to soon-to-be residents. With virtually all new housing created as "HOA-only" certainly there is no choice but to be stuck with HOA burdened housing for much of the population. To the extent there is a "choice" it is "which HOA".
According to the Community Associations Institute ( https://www.caionline.org/AboutCommu...eviewFBWeb.pdf ), an advocacy group for HOAs, there were about 6,800 HOAs in New Jersey which consisted of about 1,372,000 people or about 15% of the population, meaning the other 85% of people live in non-HOA communities. Since HOA encumbered communities are such a small segment of the overall housing market, it is pretty clear that HOA members are fairly self-selecting. It's not as if it is difficult to avoid living in one. With regard to the HOA itself, once it is established, no one is "stuck" with it. An HOA is governed by a board. That board could simply choose to dissolve itself by majority vote of the members.
Quote:
Originally Posted by IC_deLight
Effectively by your own admission such property is at best rare such that the vast majority of the population would not have access to such property.
As I stated, our living arrangement might be a bit "extreme" by NJ standards and more representative of a much more rural area, but in our own Township there are plenty of subdivision or tract-home type developments on neat little cul-de-sacs with sidewalks, etc...that have no HOA.
Quote:
Originally Posted by IC_deLight
The HOA is not a democracy. It is intended to shift control away from homeowners and to shift financial liability onto them for the benefit of the developer, its financiers, vendors, and local government - not the homeowners.
Which is exactly why I found it curious that the OP willingly chose to live in one and then took issue with the onerous regulations.
So it's all about you, huh? In order for us to even have this nice country, it is necessary that we have a covenant on some level with our fellow Americans. A family unit works very much the same way. You wouldn't be selfish and unappreciative towards your family, and neither should you be towards your country.
We're actually pretty HOA-free out here in Jersey. I grew up in Arizona and both my dad and my sister live and own homes out there. Pretty much every house there is subject to a HOA and they have tons of restrictions most noticeably in house colors. Most HOAs out there will limit people to 4 earth tone colors for their houses.
I do find it a bit ironic as out there many of the residents can harp on about 'freedom' but most of them choose* to live in such a restricted fashion. That said, many of our towns out here can have laws that are similar to some HOA restrictions.
(* Of course, there's not much choice as most development in the past 40 years is likely to be subject to it, so it's really hard to avoid for most places that people want to live.)
So it's all about you, huh? In order for us to even have this nice country, it is necessary that we have a covenant on some level with our fellow Americans. A family unit works very much the same way. You wouldn't be selfish and unappreciative towards your family, and neither should you be towards your country.
a country isnt a being to be appreciative of. we are all individuals and nothing matters more than the individual. this country is better than many others but it is still governed by an evil tyrannical government and they do very evil things around the world and within this country.
Guess you did not read the part where it noted the opportunity for abuse was particularly ripe for HOAs because of the exception allowing for time, place, and manner restrictions (not to mention the ability to impose institutional standards for flag display). You might "own the land" in fee simple but the use of the land for can be restricted
I'm sure the Board had the law reviewed by the HOA attorney and in this case, they amended the flag pole rule to allow them within garden areas.
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