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Old 05-06-2021, 09:02 AM
 
Location: southwest TN
8,529 posts, read 16,359,042 times
Reputation: 16386

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Quote:
Originally Posted by dontaskwhy View Post
If the noise is preventing any of his neighbors from maintaining quiet enjoyment
Quote:
Originally Posted by dontaskwhy View Post
I don't think it should matter what type of flag. Any flag interfering with another's rights of quiet enjoyment of their homes is what matters. It isn't popular when the American flag is involved but it shouldn't matter in this case. IMHO, the homeowner needs to respect his fellow homeowners or move somewhere else.
Noise is not what it means to have "quiet enjoyment".

According to Nolo, quiet enjoyment is “The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a legal nuisance. Leases and rental agreements often contain a “covenant of quiet enjoyment,” expressly obligating the landlord to ensure that tenants live undisturbed.”

I do not understand people using a legal phrase they do not understand.
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Old 05-06-2021, 09:33 AM
 
Location: Vermont
3,531 posts, read 1,265,341 times
Reputation: 5396
Another reason I'll never live in a condo.
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Old 05-06-2021, 09:52 AM
 
15,872 posts, read 8,745,324 times
Reputation: 18496
It isn't unreasonable to enforce ”quiet time” after certain hours. Doesn't matter what is making the noise, if it is a constant thing going on all night keeping neighbors awake it would be against the rules.
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Old 05-06-2021, 10:13 AM
 
Location: Ocala, FL
4,683 posts, read 7,535,315 times
Reputation: 4844
Quote:
Originally Posted by NY Annie View Post
Noise is not what it means to have "quiet enjoyment".

According to Nolo, quiet enjoyment is “The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a legal nuisance. Leases and rental agreements often contain a “covenant of quiet enjoyment,” expressly obligating the landlord to ensure that tenants live undisturbed.”

I do not understand people using a legal phrase they do not understand.
I am not an attorney and I don't play one on TV. I never claimed to offer legal advice, I offered an opinion and nothing more than that. I suspect 99.99 % of the users of this forum are doing the same thing.

I felt that in the case of an HOA/COA, they have the same responsibility to all owners/tenants.

Just curious, are you an attorney with knowledge of such rules/regulations in all markets? I can only speculate myself and that's all I did.
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Old 05-06-2021, 12:05 PM
 
1,736 posts, read 824,673 times
Reputation: 6188
Quote:
Originally Posted by dontaskwhy View Post
I don't think it should matter what type of flag. Any flag interfering with another's rights of quiet enjoyment of their homes is what matters. It isn't popular when the American flag is involved but it shouldn't matter in this case. IMHO, the homeowner needs to respect his fellow homeowners or move somewhere else.
BINGO! The flag owner knew, or should have known, the rules before he moved into the community. Even if it weren't spelled out completely with regard to flags, he should have known that the creation of excessive unnecessary NOISE is prohibited.

I feel the exact same way about wind chimes. What may be considered music to one person's ears is a racket to other people's ears. If you want to hear wind chimes in your own home, then by all means put some chimes in there and blow a fan on them 24/7. Just as long as I (your neighbor) don't have to listen to it, you can listen to it all you want.

The same thing would apply to any other type of noise. If someone mows their grass with a noisy mower during the day about once per week, that's fine because that's rather normal. If they decide to mow their grass at 2 AM, that's not so fine. Of if they just like the sound of hearing their lawnmower run at all hours of the day and night, that's not so fine either. Use a little common sense and consideration for your neighbors and you'll get along just fine.
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Old 05-06-2021, 01:34 PM
 
Location: OH->FL->NJ
14,077 posts, read 10,015,301 times
Reputation: 6792
It is not some giant flag. I have a hard time believing the flag is too noisy.

Not driving to ND to find out tho.
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Old 05-06-2021, 02:21 PM
 
Location: NC
7,855 posts, read 10,356,828 times
Reputation: 16647
EVERYONE is a patriot so why are people so desperate to “prove” that THEY are by noisily flying flags? I can understand that when your kid is on a military mission you may want to show your pride. But using a made in China polyester flag in the USA to draw attention to yourself, without respectful ceremony, is very curious behavior imho. My neighbor eventually switched his frayed one out by tossing the old one on the ground while he unwrapped the new one.

Of course patriotic holidays are different, when we all celebrate together.
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Old 05-06-2021, 02:48 PM
 
5,279 posts, read 4,372,895 times
Reputation: 13238
Quote:
Originally Posted by luv4horses View Post
EVERYONE is a patriot so why are people so desperate to “prove” that THEY are by noisily flying flags? I can understand that when your kid is on a military mission you may want to show your pride. But using a made in China polyester flag in the USA to draw attention to yourself, without respectful ceremony, is very curious behavior imho. My neighbor eventually switched his frayed one out by tossing the old one on the ground while he unwrapped the new one.

Of course patriotic holidays are different, when we all celebrate together.
Ugh. I would never buy a U.S. flag made in China, just on general principles.
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Old 05-06-2021, 04:33 PM
 
3,551 posts, read 1,279,806 times
Reputation: 9346
I couldn’t picture how loud a flag at night could be, so I listened to some YouTube’s. One was by a road and you could only hear cars. Of course the volume on the video can be changed to louder or sifter, but listening to it at an unadjusted volume, what I normally watch videos on, it doesn’t seem that loud to me. White noise, which is conducive to sleep. Ironically, to me the waving of the flag sounds like ocean waves, which most people find do relaxing.

https://youtu.be/V9SFZeSApO0
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Old Yesterday, 05:03 AM
 
Location: Philadelphia, PA
745 posts, read 167,951 times
Reputation: 1141
Quote:
Originally Posted by luv4horses View Post
EVERYONE is a patriot so why are people so desperate to “prove” that THEY are by noisily flying flags? I can understand that when your kid is on a military mission you may want to show your pride. But using a made in China polyester flag in the USA to draw attention to yourself, without respectful ceremony, is very curious behavior imho. My neighbor eventually switched his frayed one out by tossing the old one on the ground while he unwrapped the new one.

Of course patriotic holidays are different, when we all celebrate together.
Triggered!


I bet you have no problem with a blm or rainbow flag.
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