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MarkF
(Florida)

Posts:1

01/05/2006 7:28 PM
We have in our ARB guidelines that flag poles are not permitted and will not be tolerated. Flags however are permitted if they are displayed from a bracket on the side of the house. So far we have two homeowners that have installed flag poles without going through the process of submitting their request through the architectural review board. Our manegment company actually stopped by one of the homeowners house to tell him to stop installing the flag pole and submit an ARB application. They did not submit one... I know this is a very sensitive subject but how does the board members pursue compliance to displaying the flag without coming off as bad, evil and un-American and not ending up on the 11:00 news? I am as patriotic as the next person but I have followed the "rules" and have proudly been flying the flag for over 2 years everyday! Any advice would be appreciated if a board has dealt with this subject before. We are located in Florida. Thanks!

RogerB
(Colorado)

Posts:3725

01/06/2006 7:50 AM
Mark, regarding the owners who failed to get approval, do you have rules and regulations on enforcement of Covenants and Rules? If not they need to be established. Following is an example which may also provide some help for establishing restrictions on flags and flagpoles. Rules and Regulations on Enforcement of Covenants and Rules In order to maintain property values, safety, and quality of life for Owners and their families, the Association enforces restrictions itemized in the Declaration (Covenants) and in Rules and Regulations. Covenant enforcement involves monitoring for compliance, notifying Owner’s of violations, and requiring violations to be corrected. The Property is monitored weekly by the Managing Agent for Covenant and Rules compliance. Owners can also report problems to the Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. A Demand letter will be sent to the Owner advising of the violation, the controlling regulation, a time limit for correction (typically 10 days), and if the Owner does not agree with the cited violation, their right to appeal by requesting a Hearing before the Board of Directors. To dispute a cited violation the Owner shall immediately submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled. The Owner shall be mailed a Notice of the Hearing date, time, cited violation, and sanction. At a Hearing the Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision. When an uncontested violation is not corrected within the specified time limit in the Demand letter, an initial fine of $50.00 shall be assessed. If a violation remains uncorrected, subsequent citations may be issued and the fine will be doubled compared to each previous Demand letter. If additional Demand letters are issued for the same violation within 12 months the initial fine shall be $100. Ultimately, when necessary, the Association shall get a court order to correct the violation and will effect the corrections required. The Owner shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs. Following are Rules and Regulations which clarify or supplement restrictions listed in the Declaration (Covenants): 1) Modifications to the exterior of property are encouraged; however modifications do require prior written approval by the Architectural Design Review Committee (DRC). Please check with the DRC if you are not sure whether a change constitutes a modification. Failure to get prior written approval can result in removal or redoing plus a fine. Approval shall include consideration of a pleasing appearance which is in harmony with other property in the subdivision and consideration of how the modification may affect neighbors and property values in the neighborhood. 2) In accordance with provision of Senate Bill 05-100 amendments to statute 38-33.3-106 of the Colorado Common Interest Ownership Act, the American flag may be displayed when the display is consistent with the Federal Flag Code; and a service flag may be displayed by an owner whose immediate family is a member of an active or reserve military service. Installation of a flagpole, location, and the flags which will be displayed require approved by the DRC. Also, one political sign per candidate or ballot issue is now allowed on your property within the time period of 45 days before until 7 days after an election. No sign may exceed 36” by 48” or less if specified by a City of Lone Tree ordinance. The only other signs allowed are one real estate sale sign and a home security sign. 3) - 11) not included. Hope this helps those of you who need to enforce restrictions to maintain property values and comply with current laws. Rogert

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

EdR
(Texas)

Posts:170

01/08/2006 4:50 PM
I am glad this subject came up because several of the homes in our subdivision have installed flag poles (most are not permanent) without permission. I have been on a board before and was chairperson of the ARB and during war times, I did not bother with flags at all and the situation took care of itself. Our rule was that if it wasn't a permanent pole, they didn't need permission. However, the management company did take issue (didn't discuss the situation with the directors until afterwards) and made a lot of people really mad, especially veterans of several wars who live here (we are in Texas). This is a good time to bring up this issue, Roger, and to see your thoughts about it. I think you are in a different state than Texas. You are right about the rules, etc., but allow me to explain what has happened in our subdivision. I was a stickler for following the rules and expecting homeowners to follow rules and get permission, but they insisted on asking forgiveness instead. What has happened in our subdivision (I am no longer on the Board) is that a clique took over the board--a group of people who were like the group who couldn't handle the word "no". They actually had not been told "no" anyway (because they never asked approval to begin with), but they started defying the rules and regs. For instance, a new director took trim off her house (or her husband did so) and left the rotten exposed underwood there for a year, unpainted, etc.. Because she was a director, the management company overlooked this violation. Further, a resident who owns a restaurant close by and gives free meals to directors and caters free meals to the ladies' club of which several directors (now) are members, he (rest. owner) was able to get by with painting the trim on his house, his garage, his fence, etc., an awful pink and was not cited or dealt with about it--favoritism. Bottomline, now the subdivision is in the midst of an upheaval in which people are running amuke doing what they please, not getting approvals, thumbing their noses at the board, the rules, etc. I certainly can understand why, because it wouldn't set too well with me to get a letter telling me to get approval for a flag pole (permanent or not) while neighbor A has painted a house pink without an application (which color would not have been approved if requested). The president of the last year and a half is actually the reason this is out of control--she prides herself in being one of those free-spirts who thinks that HOAs are a waste of time and her only reason for getting on the board was because she is involved in select interest groups and convinces the management company to sponsor them, i.e. swim team and ladies club. She, visibly, doesn't follow the rules either, as she had trash sitting out way before trash day, and doesn't help to or enforce our deed restrictions, and took the sides with scofflows when they argued after being sent a violation letter. So, the questions are--are you aware that if a violation is ignored and not dealt with within 4 years that it can be left the way it is; basically the homeowner has won by default? And, are you aware that if you do not require or enforce the deed restrictions (C,C&Rs) to one homeowner, that you cannot enforce them to another? For instance, no one can enforce the rule about flag poles if they have not enforced the rules about everything else. It is not a partial responsibility. Everything must be handled fairly and evenly and all or none. This is why being on a board is such a big responsibility. You must be honest and fair and you must not ask other homeowners to do things you will not do yourself. Believe me, the attitude of the board is causing the downfall of our subdivision. And to show you how bad it is--the president has moved out of the subdivision and her home isn't sold yet. It may take several more months (it's been 4 already) because of the apparent lack of control and lack of enforcement and attitudes of the board. It's also a matter of conflicts of interest and the management company should have been more careful and even now, should carefully choose their battles. It looks like HOA boards are becoming like any other "sport"--battles on and off the field and nobody is the winner--some people don't know the meaning of the words "ethical" or "fair". Ed R

RogerB
(Colorado)

Posts:3725

01/08/2006 6:15 PM
EdR, your have provided excellent examples on what causes the decay of a neighborhood and why good HOAs are so necessary! Fair and consistant enforce the restrictions are critical to protect property values and quality of life. A good board will draft the management agreement, not the management company; and when there is a grey area, such as flying the US flag, this can be included as one of several specific requirements where the Agent must seek advice from the board. While I am discussing agreements, why not have an agreement which allow either party to terminate the agreement without cause upon 30 days notice when their fee is paid monthly? I agree with you that if a violation is observed and the owner has not been required within a specified time, e.g., 1 year, then it has been accepted by default. However, I disagree that not enforcing one violation restricts the association from enforcing other violations. At least that is stated in all Declarations I have written. Each violation should considered separately and handled fairly, in good faith, and decisions be consistant through time. Ed, I hope you will get back on that board and clean up the mess. Roger

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

LisaS
(Illinois)

Posts:339

01/11/2006 7:45 PM
What do your documents say regarding enforcement? Ours clearly state a specific process for notifying homeowner of violation, and ultimately if they do not comply aftre being notified we can fine them up to $50 per day. If they do not pay, we can file a lien. If they do not pay the lien, we can foreclose. In the end, it is cheaper to remove the violation than pay the fines- get foreclosed on- or hire an attorney. As well, failure to enforce per our documents (and state laws) does not waive the right to enforce. If a flag pole is put up in violation here and homeowner is not notified for say 2 years...we can still legally pursue compliance. Good luck!

EdR
(Texas)

Posts:170

01/13/2006 11:09 AM
LisaS, et.al.: You are right about enforcement. In fact, it is the reason for an ARC, ACC, whatever acronym for the architectural group. My point was that human nature being what is it, that when a person in our subdivision gets a letter re violation, they immediately get upset and start asking why so-and-so has had the same violation and did they get approval. A lot of times, the other person did not get approval, and even though that may not be relayed to the violator, and so the "well why should I?" syndrome kicks in. For instance, a few years ago, a neighbor complained of a row of shrubs between two houses along a driveway (legally on that owner's property, and quite attractive, I might add). The complainer tried to say it was a hedge, which according to deed restrictions was not allowed. If the shrubs were allowed to grow together they could become a hedge, but they were small and ornamental and below the 3 foot tall limit. The matter was that the complainer was disgruntled and being vendictive and the then-president (also an attorney) of the board was working with these complainers because SHE personally didn't like the people who had the hedge and assisted with a vendetta. When these things happen, the enforcers lose their credibility. The owner of the property with the shrubs took pictures of over 40 identical (in fact, more like hedge dividers between properties and more than 3 feet tall than the subject one)throughout the subdivision (that's like 10% of the homes). Because this had not been handled, the board was forced to give a variance. These boards can be nasty and people who get on them are on power trips. Overall, what has happened in our subdivision is that because of favoritism, power trips, conflicts of interest, personal vendettas, etc., the difference between right and wrong and the ability to enforce anything becomes a major fight. We just pay our dues and hope they don't go up because we aren't getting our money's worth as it is, since they showcase the neighborhood by keeping it like a country club for outsiders to use for free to them because they are their friends, while costing the homeowners who live here and may not be able to pay their dues and therefore are denied access and even denied to vote if they don't pay. Our subdivision has gotten so used to indiscretion from the board and unfairness, that no one will follow the rules. During the holidays, a homeowner had his Christmas lights and decorations vandalized twice. He complained to the police and to the association. I used to handle security also but found that the offenders (like shooting paintballs at common area property, etc.) were children of board members and in the end, they overpowered anything getting done about it and swept it under the rugs. We wonder why children don't know right from wrong, don't we? So, as the saying goes---AND SO IT GOES! Any questions! Anybody got any helpful ideas? EdR

CharlesW1
(Georgia)

Posts:821

07/18/2006 6:34 AM
EdR, I’m new to the discussion. I agree with everything you have said. I don’t want to be the “bad guy” when it comes to violations, but you can’t uphold the CC&R’s if anyone else has done exactly what they are in violation of. As nit-picky as it may seem, if you are going to issue a violation letter, there cannot be any discrimination! Am I correct in thinking that your personal beliefs and opinions in set aside? Your main function is to have harmony for you and your community. Keep us posted. If you aren’t as of yet, I too think you should be on the BOD once again. Your community needs someone with a strong believes to uphold the CC&Rs. You sound as if you can really be of help to your neighborhood. Good luck Chuck W.

Charles E. Wafer Jr.

BrianB
(California)

Posts:1748

07/18/2006 8:11 AM
although I agree with the legal morass/trap that occurs when you don't enforce all rules across the board, there is no legal precedent that states that because you do not enforce one rule, you cannot enforce any rules. If that were true, we could not enforce any laws in the US, until we enforce every law, and we certainly are not enforcing every law, but still prosecuting murderers, speeders, enron executives, etc. successfully. I encourage you to enforce all rules equally well, and across the association for all owners.

WilliamT
(Arizona)

Posts:489

07/18/2006 8:45 AM
I agree with Brian regarding enforcing the rules equally. Our board does not want to enforce our no parking on the street rule which is a CC&R. One member said because the car violated may be a guest. The CC&R's actually state that no cars including guests will park on the streets. Everyone has three car garages and the same size driveway. There are three parking areas that accomodate a few cars. Yet they do violate people who park trailers and boats on the street. If I had a trailer parked on the street and was violated I would quickly point out how I was being descriminated against while they allow all the cars to be parked. I feel we should also use common sense. The rule applies to workers at the home. Well most companies will not park on your driveway. As a courtesy, so they won't drip oil from their vehicle onto your driveway, they park on the street. And this should be permissible. Lawn service people have to park on the street because they have equipment trailers attached. People have parties and their guests have no place to park but on the street. No problem. That method enforces the rules evenly, and allows some common sense to prevail. Bill

HaroldS
(Arizona)

Posts:904

07/18/2006 10:11 AM
Here is a quote from Arizona Revised Statues 33-1808: "The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole." Arizona now also specifies that state, tribal or military service flags cannot be barred by HOAs. I've never seen an explanation of why flagpoles are not allowed, so I'm curious what is the objection to them so that a state statue has to override the CC&Rs? Frankly I love seeing our flag flying high. Often a bracket on the garage is not as visible. Harold

WilliamT
(Arizona)

Posts:489

07/18/2006 11:00 AM
Good points Harold, In addition, Arizona SB1055 efffective September 26, 2006 amends 33-1808 to add more flags that cannot be prohibited. US Army US Navy US Air Force US Marines US Coast Guard POW/MIA Flag Arizona State Flag Arizona Indian Nations Flag In addition, the United States Flag Code Title 4 Chapter 1 through 10 covers the display and use of the flag by Civilians and the time and occasions for display, manner of display, etc. http://www4.law.cornell.edu/uscode/html/uscode04/usc_sup_01_4_10_1.html Naturally the US Flag goes on top. Beyond that I don't see if there is another order, unless the state flag should be immediately below the US flag, and others below it. Putting all these together, an association can put together a comprehensive set of rules for flags that are allowed by law, so no one can complain about the enforcement. I believe the associations can set their own rules regarding the location and size of the flagpole. Bill Bill

DonnaS
(Tennessee)

Posts:2951

07/19/2006 11:19 AM
A couple of years ago, we had an old Marine who decided to erect a flagpole in his front yard, down in Jupiter Florida. His H.O.A. docs allowed flags to be flown from a bracket attached to the house but he proudly erected a pole and flew his American flag. The Board started to fine him after he refused to remove the flag. After over $46,000 in expenses and fines, Govenor Jeb Bush visited the owner and told him to "Proudly fly the flag" Florida Statutes changed after that incident. You can not be restricted on flying of an American flag AND fines cannot ever go over a maximum of $1000.00 for any single violation. This is a perfect example of 2 things. 1). H.O.A.s can be out of line with give and take on any situation and 2). H.O.A.s are now being restricted excessively by the State. Is this an oxymoron?

JosephW
(Michigan)

Posts:788

07/19/2006 10:03 PM
I've seen so many of these situations across the country and in the news that I'm actually starting to consider NOT flying my flag on the specified days. First, if you send the violation notice, you will probably end up on the news, or at least in the local paper, vilified by everyone that feels flying the flag means they are more patriotic than the next person. My suggestion is that the board put out a survey quickly, stating the the flagpoles are in violation, but because they are sensitive to these issues, they want to find out what the owners feel before they act. If the majority of owners feels it's OK to put up a flag pole then change the rule/bylaw that prohibits them. Make sure the new rule restricts the size (someone around here took advantage of a board neglecting that and put up one of those huge flags you usually see at car dealers and the noise of it flapping drove the neighbors crazy)and requires that the owners abide by the Flag Code (Google this). If the majority of owners don't want the poles, you will at least have the backing of the people and when the news truck shows up you can say that 1) you allow the flag to be flown, but that the rules, agreed to by the owner(s) in question when they purchased their home, prohibit poles, and you are very sorry that they chose to break their agreement to abide by those rules. 2) Their neighbors (don't say "association") were asked if they wanted to change those rules about the pole (keep saying pole, not flag) but the majority said no, and as the democratically elected representatives of the owners, you are simply enforcing the standards they want. 3) The owner(s) are free to put their flag in their den, where they can see it more often every day, or to attach it to their house if they want to display it to others, no one is prohibiting them from flying the American flag. Whenever you have to deal with a sensitive situation its always better to use the words, "neighbors" instead of association (its easy for an angry owner to belittle the association, its harder to be nasty about their neighbors); "personal responsibility" as in "we feel that each owner accepted a personal responsibility to abide by the rules when they moved in"; "democratically elected represntatives" instead of the board; etc. You still may come out looking bad, but you will have done your job as a board member. Good luck Joe

Joseph West Official HOATalk.com Sponsor Community Associations Network, LLC www.CommunityAssociations.net *See legal notice below (end of page) or go to www.hoatalk.com/legal

CharlesW1
(Georgia)

Posts:821

07/20/2006 6:23 AM
JosephW, I have been reading all the responses you have gotten from the post, about flags. It’s definitely a sensitive issue. Look at all the advice you are getting from this forum only. You have many different feelings being express here and these people probably don’t care if you or your neighbor wants to put in a flag pole! I’m sure I won’t be looked upon to fondly after this response either but… I’ve been called “nit-picky” In my own defense though, I don’t report things that are a violation if it is done very tactfully. I know it makes me sound bad, very persuasive or even “nit-picky”. I don’t know if this makes sense to you or not. Sorry! I know what I want to say and I can’t always express myself all that good, in words. This is an example in my sub-division. We have a homeowner that has a really nice water feature in their front yard. My wife and I go for walks through our neighborhood just about every night. Even as dark as it gets, you still can see many violations. Our neighborhood was looking really bad after years of neglect. Our road alone has started to look a thousand times better than it once had. I’ve developed a whole new appreciation for my road, compared to the rest of the sub-division. Any ways, According to the CC&Rs it is a violation. This is where it can get nasty! Like many of the by-laws that get violated day after day, in hundreds of thousands of communities throughout the world. It is for sure a violation and the homeowner them selves would agree with you if they were to be confronted with it.. At this point though, it has been months even year and nothing was ever said. I think it looks great! He is spending his money to maintain it, clean it. He is paying for the electricity for the lights, and the pump, needed for the water. I would like it for my yard. Bottom line it looks good! I can see both sides of this particle issue. I’m not going to be the one who says it doesn’t look good. Because that’s what it will be if someone else decides to do this and it doesn’t look all that good. Now in this persons defense, they will say “well so and so has had his now for x number of years you haven’t had him remove it yet” This happens with all kinds of things. Flags being one of them! Do I understand this correctly? Your CC&Rs doesn’t say you can fly the American flag, it says you can’t have a flag pole. Right!? I’m all in favor of representing the American flag. Maybe you can be the one who establishes a amendment to the CC&Rs in your community and it will spread throughout the U.S.A. American flags are encouraged but can not be displayed from an erect flag pole. Mount a bracket off the side of your garage. I have also heard off a telescope flag pole. If you could afford it, that would be ideal. Again I apologize for the bad grammar. I’m still recovering. Keep us posted and good luck Chuck W.

Charles E. Wafer Jr.

JosephW
(Michigan)

Posts:788

07/20/2006 6:56 AM
I guess what I'm saying is that the rules/bylaws/restrictions, etc, weren't brought down from the mountain carved in stone (as you can see, I'm waiting for the first Ten Commandment display to show up in an HOA), they were drafted, or just copied, by a developer's attorney before the first unit was sold. They may not be a good fit for the people who moved in. Part of any board's job is to listen to their residents, and with an issue that is sure to be controversial, it's the best way to go. Who knows, if 90% of the owners want to put up their own flag pole, you no longer have a problem. Just put some minor controls on it, size, no night lighting (should be taken down at dusk), not tattered, etc. If 90% don't want flag poles, then you know you have the support of the owners. All too often boards are faced with enforcing rules that are outdated or unwanted or unnecessary. Here in my state, I continue to see condo bylaws that prohibits vans SUV's, Jeeps or pickups from parking anywhere. They were written in the '70's and have never been changed. Documents are written on paper for a reason, so that they can be changed when the required percentage of owners wants them changed. Make sure that you are willing to enforce those that are written, if you're uncomfortable, then maybe its time for a change.

Joseph West Official HOATalk.com Sponsor Community Associations Network, LLC www.CommunityAssociations.net *See legal notice below (end of page) or go to www.hoatalk.com/legal

HaroldS
(Arizona)

Posts:904

07/20/2006 1:07 PM
JosephW wrote "Whenever you have to deal with a sensitive situation its always better to use the words, "neighbors" instead of association (its easy for an angry owner to belittle the association, its harder to be nasty about their neighbors">>> I disagree completely! Declaring that it is your neighbors (instead of a corporate association) who is really enforcing the CC&Rs will only create more hate and resentment. That is why Roger is constantly suggesting that HOAs hire a professional, non-personal management company to enforce the CC&Rs. Giving the public the impression that an HOA is just "neighbors fining neighbors" is ludicrous and does nothing to improve public image. Do you really believe that for an angry owner it will be harder to be nasty with their neighbors than it would be to be angry with a corporation? Believe me, that indeed can get VERY personal and perhaps assaultive. Harold

LeeS1

Posts:0

07/21/2006 10:07 PM
FYI, you might want to take note of the following: Senate Passes Flag Measure Three weeks ago the U.S. House of Representatives passed a measure (H.R. 42) sponsored by Rep. Roscoe Bartlett (R-MD) that would prohibit condominium associations, cooperative associations and residential real estate management associations from making rules against displaying the American Flag. On July 17, the Senate followed suit and passed the measure by a voice vote. The legislation is now on its way to the president and he is expected to sign it. You may want to look up the particular details. I haven't, but would be curious as to what it says about flag poles.

JosephW
(Michigan)

Posts:788

07/22/2006 9:48 PM
Here's the wording of the bill (it passed the House, now in Senate): H.R.42 One Hundred Ninth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six An Act To ensure that the right of an individual to display the flag of the United States on residential property not be abridged. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Freedom to Display the American Flag Act of 2005'. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term `flag of the United States' has the meaning given the term `flag, standard, colors, or ensign' under section 3 of title 4, United States Code; (2) the terms `condominium association' and `cooperative association' have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603); (3) the term `residential real estate management association' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and (4) the term `member'-- (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association. SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES. A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. SEC. 4. LIMITATIONS. Nothing in this Act shall be considered to permit any display or use that is inconsistent with-- (1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

Joseph West Official HOATalk.com Sponsor Community Associations Network, LLC www.CommunityAssociations.net *See legal notice below (end of page) or go to www.hoatalk.com/legal

LeeS1

Posts:0

07/23/2006 10:08 AM
Joseph, I can see it now. The law is good--but the problem won't be with the flag itself (at least I don't think so) -- I think it will be with the flagpoles. As usual, Congressional staffers (who are 20-somethings renting a room in the basements of Dupont Circle homes), the ones feeding the info to the congressmen, are not exposed to association living. Hopefully, this won't be an issue, that everyone will just live together exercising patriotic courtesy.

LeeS1

Posts:0

07/23/2006 10:14 AM
Ed- I can empathize with you and your situation. It must be terribly frustrating. A short comment. Our bylaws allow for the removal of the president and others on the board. Hopefully you would have enough people who are interested in keeping up the property values to get rid of the loose cannon. The courts have ruled in our state that the actions of a previous board (example: not enforcing the covenants) do not prevent the incumbent board from taking action to enforce covenants, regardless of how long the infraction has lasted. Maybe that is something you could get into your covenants and bylaws.

JosephW
(Michigan)

Posts:788

07/24/2006 3:24 PM
The flag bill was signed by Pres. Bush this afternoon. 7/24/06

Joseph West Official HOATalk.com Sponsor Community Associations Network, LLC www.CommunityAssociations.net *See legal notice below (end of page) or go to www.hoatalk.com/legal

hoatalk

Posts:490

07/24/2006 3:27 PM
Details on the new law are here: http://www.hoalegislate.com/archives/legislative-miscellaneous-135-president-bush-signs-freedom-to-display-the-american-flag-act-of-2005.html

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MiaL
(Florida)

Posts:10

07/24/2006 6:59 PM
This is the Florida Statue for flags: 720.304 Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.-- (2) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day may display in a respectful manner portable, removable official flags, not larger than 41/2 feet by 6 feet, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations. (3) Any owner prevented from exercising rights guaranteed by subsection (1) or subsection (2) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners' association document or rule that operates to deprive the owner of such rights. Basically, the problem is not with the flag but with not receiving a proposal to install a flag bracket-which is an exterior change to the property. That is how I would word the violation letter-that they need to submit for approval for a flag bracket as it changes the exterior of the home. Good luck! I will be facing the same thing in our neighborhood. One homeowner has mentioned they want to install a free-standing flagpole in the center of their front yard. We are still not quite sure if that will be allowed.

WilliamT
(Arizona)

Posts:489

07/25/2006 1:56 PM
Here is the new US law HR 42 regarding Flags: Freedom to Display the American Flag Act of 2005 (Enrolled as Agreed to or Passed by Both House and Senate) --H.R.42-- H.R.42 One Hundred Ninth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six An Act To ensure that the right of an individual to display the flag of the United States on residential property not be abridged. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Freedom to Display the American Flag Act of 2005'. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term `flag of the United States' has the meaning given the term `flag, standard, colors, or ensign' under section 3 of title 4, United States Code; (2) the terms `condominium association' and `cooperative association' have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603); (3) the term `residential real estate management association' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and (4) the term `member'-- (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association. SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES. A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. SEC. 4. LIMITATIONS. Nothing in this Act shall be considered to permit any display or use that is inconsistent with-- (1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. Here is CAI's Flag Policy CAI’s Public Policy HR 42 complies substantially with CAI’s Public Policy entitled “Display of the American Flag” which provides: CAI strongly supports the elimination of community association restrictions that prohibit the display of a reasonably sized, removable American flag from a resident’s exclusive use or limited common element areas, so long as the flag is displayed in accordance with the Federal Flag Code as amended. CAI further believes that community associations – not a state law – are best suited to determine the appropriate size, placement and installation of a flag pole. In fact, Representative Bartlett from Maryland used CAI's Public Policy as the basis for the bill.

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