What part of the constitution says that the HOA can't abridge his "freedom of expression"?
Don't get me wrong, I think that what the HOA is doing is stupid and it sucks, but unconstitutional it is not.
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Medal of Honor Recipient Ordered to Remove Flagpole
- Thread starter BarrettRC8
- Start date
What part of the constitution says that the HOA can't abridge his "freedom of expression"?
Don't get me wrong, I think that what the HOA is doing is stupid and it sucks, but unconstitutional it is not.
Tenth Amendment pretty much covers it. It's unfortunate, but there is a lot of room for communities to become communist communes. The whole point is for people to make their communities pretty much how they want them, and that is very much a double-edged sword. As we can see in this case, it gives legal power to douchebags, but c'est la vie. Hopefully enough bad press will come of this that only like-minded douchebags will choose to move there in the future, but I doubt it.
Huh? Do you care to explain that? How does the Tenth Amendment have anything at all to do with the HOA telling a resident to remove a flag pole?
wnukalicious
New Member
If only there were a law prohibiting anyone from denying someone the right to display the American flag on their own property. Legal contract or not, it's a shame that they're allowed to deny him that.
Edit: As the Col. said, he's never been anywhere where you couldn't fly the flag. Even beyond the fact that the issue is concerning such a respectable veteran, it disappoints me to read about people having a problem with anyone in this country flying the flag high and proud on a flagpole. They claim it's about aesthetics, but I think a nice, tall flagpole flying our flag would only make the neighborhood more visually appealing.
Edit: As the Col. said, he's never been anywhere where you couldn't fly the flag. Even beyond the fact that the issue is concerning such a respectable veteran, it disappoints me to read about people having a problem with anyone in this country flying the flag high and proud on a flagpole. They claim it's about aesthetics, but I think a nice, tall flagpole flying our flag would only make the neighborhood more visually appealing.
Some states have laws that specifically limit the power of HOA's wrt flagpoles and the American Flag. Florida is one that expressly allows ANYONE in the state to fly a US flag on a flagpole, so long as it is not larger than 20 feet and the flag is not bigger than 4 or 5 feet-ish.
Federal statute also exists for this very occasion, but leaves enough wiggle room for both sides to need a lawyer to figure it out. The Freedom to display the American Flag act of 2005: http://www.ushistory.org/betsy/more/hr42.htm. Basically, you can't put a blanket restriction on displaying the flag, but an HOA's interests are protected.
And as far as living with HOAs...yea...where are they not? We just moved into a subdivision with one...I'm of the mind that it's easier to beg forgiveness than to ask permission from whatever Little Hitler is in charge.
Federal statute also exists for this very occasion, but leaves enough wiggle room for both sides to need a lawyer to figure it out. The Freedom to display the American Flag act of 2005: http://www.ushistory.org/betsy/more/hr42.htm. Basically, you can't put a blanket restriction on displaying the flag, but an HOA's interests are protected.
And as far as living with HOAs...yea...where are they not? We just moved into a subdivision with one...I'm of the mind that it's easier to beg forgiveness than to ask permission from whatever Little Hitler is in charge.
I guess it starts with the beginning of the Tenth Amendment and ends with the last word of it. I don't understand how an obvious statement is confusing.
I guess it starts with the beginning of the Tenth Amendment and ends with the last word of it. I don't understand how an obvious statement is confusing.
HOA are not parts of of the state government. They are not governments at all. They are private organizations that you entered into an agreement with.
Tenth Amendment said:
I don't understand how an obvious statement is confusing.
Your statement that "Tenth Amendment pretty much covers it" is confusing because it's completely irrelevant to the question that it apparently answers; that is, the question that I asked in the post immediately proceeding.
nittany03 had asked "what about the HOA's unconstitutional abridgement of the old man's freedom of expression?" I replied with a question of my own, asking "What part of the constitution says that the HOA can't abridge his freedom of expression?" Your response "Tenth Amendment pretty much covers it" is nonsensical and therefore confusing, as in scratch-my-head-and-wonder-what-the-hell-you're-talking-about confusing.
Nothing in the Tenth Amendment bears on whether what the HOA is doing is constitutional or unconstitutional.
Okay, well perhaps that is reasonable. It is common to forgot the details, and it is especially common to think that Tenth Amendment == States' Rights. It does not. HOA is pretty much an explicit example of the "or to the people" part of the Tenth Amendment, and that is what I was getting at. Apologies for the flourish.
The 10th amendment would seem to protect the HOA's right to enforce its own covenants without interference from the federal government. They are "the people" as well.
The 1st amendment doesn't cover private organizations. If I sign a contract with another private entity that says I won't talk about something, and I do it anyways, they can sue me for breach of contract.
HOAs cut both ways. They help keep neighborhoods from descending into redneck hell, but they also often lose common sense in the mix. Also, the good-old-boy system tends to come into effect. "Oh, you've lived here 15 years and want to put in a 8 foot high concrete dolphin fountain? No problem." "You got here 3 years ago and want to put in a swingset? Go take a hike." True example.
The 1st amendment doesn't cover private organizations. If I sign a contract with another private entity that says I won't talk about something, and I do it anyways, they can sue me for breach of contract.
HOAs cut both ways. They help keep neighborhoods from descending into redneck hell, but they also often lose common sense in the mix. Also, the good-old-boy system tends to come into effect. "Oh, you've lived here 15 years and want to put in a 8 foot high concrete dolphin fountain? No problem." "You got here 3 years ago and want to put in a swingset? Go take a hike." True example.
The road to hell...
I live in a Condo Association, they just suck equally. Vets, live here and I have seen people cuse them to their face for nothing, and me because my car has Navy on it.... Old bitter people who were hippies during the war is my only guess.. Sad personally, but thank you men such as the Col. for standing up for what is just.
Laugh in their face... it will infuriate them... and secretly, sabotage their cars. I always like a good laugh.