Here we go again... don't these people have better things to do?
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Condo association tells Guardsman's mom she can't have flagpole in front of unit
http://www.journalinquirer.com/site/index.cfm?newsid=17136052&BRD=985&PAG=461&dept_id=569380&rfi=8
Tuesday, February 06, 2007
Connecticut Woman Ordered to Remove U.S. Flag From Condo
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Connecticut Woman Ordered to Remove U.S. Flag From Condo
Tuesday , February 06, 2007
By Sara Bonisteel
EAST WINDSOR, Conn. —
Her son is fighting the Taliban in Afghanistan, but one Connecticut mother is waging a war of her own over her right to fly Old Glory on her front lawn.
Teresa Richard's condo association in this community north of Hartford wants an American flag and a Blue Star Mothers of America flag removed from her front lawn, along with the flagpole upon which they hang.
Richard raised the flags last year to honor her son, Cpl. Tony Donihee, now serving in Afghanistan with the Connecticut National Guard.
"If you want to fly the American flag, you should be able to fly it almost any place, any time," Warren Wenz, the chairman of the East Windsor Veterans Commission, told FOXNews.com. "If your son is in the service, what is the problem with flying an American flag and a mother's flag? I don't see why that should be a problem with anyone."
Wenz wrote a letter to the Stoughton Ridge Condominium Association last week on Richard's behalf.
Last summer, Richard received a letter from the condo manager asking her to "kindly remove" her American flag, that of the Blue Star Mothers of America and the flagpole, or face a fine, according to the Manchester Journal Inquirer.
"I don't feel like I should be subject to a fine or anything else," Richard told the Journal Inquirer last year. "It's not hurting anyone."
The condo board told her the flags would be tolerated for until Labor Day, after which she would be fined $25 a day, Richard said.
Another resident, Gene Doering, has been flying his flag on a 13-foot pole in the condominium complex for five years.
"They wrote me a letter and said they wanted me to take the flag down," Doering told FOXNews.com. "Well, I refused to take the flag down."
The former National Guardsman hired a lawyer instead and after three months of pestering, the association let him be, Doering said.
"It's kind of small for the association to waste so much time doing something like that," Doering said. "There's only 60 condominiums here; it's not like it's a huge group.
"You would think people could get along a little better," he continued. "I always say the association should have better things to do than pick on somebody that's put a flag up."
Calls to the condominium manager and the association president were not returned Tuesday.
The Associated Press contributed to this story.
Donald Trump might have enough money to win his battle... but he's fighting a real "city" not some small time HOA.
story here
Dave said...
“If they do not enforce the rules based on their opinions, then the rules are worthless and the HOA becomes a body that imposes its will without authority or guidelines.”
But this what most HOAs do all the time, Many if not most HOA "rules" just state that "lawn decorations must be approved by the lawn decorations committee". This give the HOA unrestricted, unbalance, and unwritten power based solely the OPINIONS of the current “committee” members. There is no objective reason to ban flag poles other than some people don't like them. Are flag poles dangerous? Can it be proven that it lowers the average property value of all homes in the neighborhood? Even if it did, it could still INCREASE the value a specific home if a prospective buyer wanted to fly a flag. Most HOA's have “aesthetics” committees that have to approve architectural changes, paint colors, and landscaping, how can you argue that this is based on anything other than the OPINIONS of the members? You yourself said that such a body looses it authority, and I agree.
This article has nothing to do with the “emotional nature” of banning US flags, it has to do with the arbitrary nature of a group enforcing their OPINIONS on everyone in a neighborhood.
Unfortunately HOA’s by-laws different greatly from the US constitution. The US constitution doesn’t specify many (if any) actual laws about what the people can or can’t do, it specifies what CONGRESS can or can’t do. It establishes RIGHTS for “the people” and LIMITS on “the power of congress”. If HOAs had the limited power Congress has, I wouldn’t have any problem with them. But HOA have a “blank check” that Democrats in Congress (and Hugo Chavez) can only dream of. A landscape committee can approve a flag pole for a given house because, in their opinion. it “fits” the landscape of the house, or just because they play golf with the person requesting it. They could then turn around the following week and deny it to someone else for whatever reason they want (although they would probably claim it doesn’t fit the landscaping of the other house, or tie it into their “guidelines” enough to appear to be objective.) HOA typical don't pass “rules” or “laws” for everyone, they approve things one a “case by case” basis which opens the door to cronyism and abuse of power
There are many other differences between HOA’s and Congress. HOA’s do not have an independent executive, nor any form of “judicial review”. Would you accept a HOA form of government at the State or Federal level? Should the will of a mere majority be able to set law as they see fit without any restriction? As Mel Gibson said in “The Patriot” “An elected legislature can trample a man’s right just as easily as a king can”
Finally, I find it disturbing that you don’t think people should be allowed to use there own private property to make “all sorts of political statements”. Just where are you supposed to make political or other statements? Do you really think its right for the government at any level (including HOA) to restrict our freedoms like this? The Federal and State governments do NOT have the right to restrict our political statements, why should HOAs?
As far as the “anti-American emotional argument”, you seem to be the only one talking about it, I feel the same way about ex-hippies that want to put up a “peace sign wreath" or someone that wants to put up a “Run Hillary Run” sign in their front yard.
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