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Old 09-18-2020, 06:53 PM
 
29,422 posts, read 22,328,222 times
Reputation: 48078

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Okay, here's the deal.

This HOA knows it cannot restrict a person's right to fly the American flag as such a right is protected by both the federal Freedom to Display the American Flag Act of 2005 as well as Minnesota state laws. However, an HOA does have the right to determine how and when the flag is displayed. So even though the HOA seemed rather shady in how they responded (or didn't respond in a timely manner), they didn't have a problem with him flying the flag, just that he planted a lighted flag pole on his yard.

It took a year from when he got rid of the flag pole (after being threatened by the HOA with a fine of $50 per day) to when the HOA threatened legal action and then made moves to sell his property at auction to recoup legal fees.

One thing in this guy's favor is that I believe there's a thing called selective enforcement, and he says that other flag poles have been on the property with no issues.

https://www.military.com/daily-news/...-flagpole.html

Quote:
A Navy veteran who installed a pole in his yard to fly the American flag is now in danger of losing his home because of it.

Reed Herman's home in the Wright County city of St. Michael has been foreclosed upon by the homeowners association for his development, and the house will be sold for the highest cash offer at a sheriff's auction Oct. 7.

The Preserve West Townhome Association claims it's selling the home, valued at around $300,000, to recover about $6,600 in legal fees and other costs associated with the fight over Herman's flagpole, which the association maintains was installed in violation of the rules Herman agreed to live by when he bought a home in the development.
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Old 09-18-2020, 07:04 PM
 
Location: Texas
1,986 posts, read 736,072 times
Reputation: 2516
Quote:
Originally Posted by Suburban_Guy View Post
Okay, here's the deal.

This HOA knows it cannot restrict a person's right to fly the American flag as such a right is protected by both the federal Freedom to Display the American Flag Act of 2005 as well as Minnesota state laws. However, an HOA does have the right to determine how and when the flag is displayed. So even though the HOA seemed rather shady in how they responded (or didn't respond in a timely manner), they didn't have a problem with him flying the flag, just that he planted a lighted flag pole on his yard.

It took a year from when he got rid of the flag pole (after being threatened by the HOA with a fine of $50 per day) to when the HOA threatened legal action and then made moves to sell his property at auction to recoup legal fees.

One thing in this guy's favor is that I believe there's a thing called selective enforcement, and he says that other flag poles have been on the property with no issues.

https://www.military.com/daily-news/...-flagpole.html
The hyperbole aside, he being foreclosed on for failing to pay fees, what it’s for is irrelevant.
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Old 09-18-2020, 07:45 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,617,751 times
Reputation: 15473
Quote:
Originally Posted by Suburban_Guy View Post
Okay, here's the deal.

This HOA knows it cannot restrict a person's right to fly the American flag as such a right is protected by both the federal Freedom to Display the American Flag Act of 2005 as well as Minnesota state laws. However, an HOA does have the right to determine how and when the flag is displayed. So even though the HOA seemed rather shady in how they responded (or didn't respond in a timely manner), they didn't have a problem with him flying the flag, just that he planted a lighted flag pole on his yard.

It took a year from when he got rid of the flag pole (after being threatened by the HOA with a fine of $50 per day) to when the HOA threatened legal action and then made moves to sell his property at auction to recoup legal fees.

One thing in this guy's favor is that I believe there's a thing called selective enforcement, and he says that other flag poles have been on the property with no issues.

https://www.military.com/daily-news/...-flagpole.html
If that's true then he has a defense.

But if the HOA had rules about how/when a flag can be flown - and many do - and he didn't follow those rules, well...
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Old 09-18-2020, 07:50 PM
 
Location: North Carolina
6,081 posts, read 4,555,995 times
Reputation: 10547
Being that this is the political forum, a very elementary distinction is this is the Homeowners' Association making an issue out of this, not any unit of government. It's not an issue of government interference into free expression, but a private contractual dispute between two parties on how that's interpreted and enforced.

This is an important distinction to point out because it shows what can happen when there aren't well thought out checks and balances in any system where somebody has power over what someone else does. Homeowners' associations are rather notorious for being dictatorial with homeowners when a power-hungry person gets into a position of authority on the association. Buyer beware.

That should serve as a good lesson for the cases where there is a governmental issue to consider.
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Old 09-18-2020, 07:59 PM
 
Location: Maryland
7,791 posts, read 6,342,550 times
Reputation: 9918
Send in the Kyle
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Old 09-18-2020, 08:13 PM
 
Location: The Republic of Texas
78,866 posts, read 46,342,798 times
Reputation: 18520
Quote:
Originally Posted by Suburban_Guy View Post
Okay, here's the deal.

This HOA knows it cannot restrict a person's right to fly the American flag as such a right is protected by both the federal Freedom to Display the American Flag Act of 2005 as well as Minnesota state laws. However, an HOA does have the right to determine how and when the flag is displayed. So even though the HOA seemed rather shady in how they responded (or didn't respond in a timely manner), they didn't have a problem with him flying the flag, just that he planted a lighted flag pole on his yard.

It took a year from when he got rid of the flag pole (after being threatened by the HOA with a fine of $50 per day) to when the HOA threatened legal action and then made moves to sell his property at auction to recoup legal fees.

One thing in this guy's favor is that I believe there's a thing called selective enforcement, and he says that other flag poles have been on the property with no issues.

https://www.military.com/daily-news/...-flagpole.html
HOA's are basically an incorporated Community. Much like a city or town, that incorporates.
They will allege you are a corporation, and your property is a business, to do battle.
Go place a patent on your land! Identified just as the deed is recorded
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Old 09-18-2020, 08:18 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,617,751 times
Reputation: 15473
Quote:
Originally Posted by Jowel View Post
Being that this is the political forum, a very elementary distinction is this is the Homeowners' Association making an issue out of this, not any unit of government. It's not an issue of government interference into free expression, but a private contractual dispute between two parties on how that's interpreted and enforced.

This is an important distinction to point out because it shows what can happen when there aren't well thought out checks and balances in any system where somebody has power over what someone else does. Homeowners' associations are rather notorious for being dictatorial with homeowners when a power-hungry person gets into a position of authority on the association. Buyer beware.

That should serve as a good lesson for the cases where there is a governmental issue to consider.
Yes, this can definitely be true.

Another thing that is true is that some people buy into an HOA neighborhood because they don't want to live near "those" people - whatever they define "those" people to be - and assume that whatever they want to do will be accepted because they themselves are not one of "those" people.
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Old 09-18-2020, 09:55 PM
 
Location: Colorado
3,993 posts, read 2,670,904 times
Reputation: 7436
First rule of thumb when dealing with an HOA: If they don't respond to your request, assume the answer is no.

As for the other flagpoles that weren't targeted: I'd like to know if 1.) Those homeowners *did* get approval from the HOA, and 2.) If any of them were lit up, like his were. (It could be a neighbor got tired of the ambient light from his and complained.)
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Old 09-18-2020, 10:07 PM
 
Location: southern california
61,290 posts, read 87,099,452 times
Reputation: 55549
This is an anti American hoa
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Old 09-19-2020, 12:02 AM
 
Location: SE Asia
16,237 posts, read 5,822,593 times
Reputation: 9117
This is exactly why I will never live in a HOA. This kind of BS happens all the time. So many HOAs are little dictatorships. Bunch of control freaks with nothing better to do.
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