Comments on: But He Still Has to Get Rid of Those Stupid Garden Gnomes

By: Johnny Carruthers

Johnny Carruthers — Fri, 11 Dec 2009 01:28:21 +0000

Part of me is a little surprised that it took this long for the HOA to capitulate, but then again, maybe they really ARE that clueless.

Of course, anyone who wants to take on that HOA is probably going to try to get the good colonel on their side.

By: The Gray Area

The Gray Area — Thu, 10 Dec 2009 13:03:55 +0000

Bearpaw, you’re right of course. I know about how the flag should be treated; I think that was covered in the cub scouts. But lots of folks don’t seem to understand that the flag should be treated well, or not at all. That includes proper lighting at night and keeping it clean.

After 911 it seemed every business on the local main road put up a huge American flag. I can’t tell you how many bad looking flags are flying in Oakland County Michigan right not, but it’s a disgrace.

By: Dave H

Dave H — Wed, 09 Dec 2009 22:03:05 +0000

If the issue had made it to court, I suspect the veteran would have lost. HOA rules are regarded as falling under contract law. In contract negotiations you can ask for anything you want as long as it’s not illegal. If the person you’re negotiating with won’t change something you don’t like you have the option to walk away with no obligations. But once you sign on the dotted line you’ve agreed to abide by the terms of the contract. No court is going to overturn an otherwise legal contract just because it includes some stupid terms. As much as we’d love for it to be otherwise, stupidity isn’t illegal.

By: Don Fitch

Don Fitch — Wed, 09 Dec 2009 18:35:08 +0000

Thanks for posting this information — I’d probably have missed it otherwise. I’m glad this particular instance was resolved well, but (like commenter 22) wish it had been decided on more general grounds.

Mind you, I greatly dislike the ostentatious display of the flag — it comes from being terrified by the Saturday afternoon movie newsreels, when I was a kid, featuring so much of it (though the flags bore swastikas, and the emotional political ranting was in German, the principle is the same), but I dislike even more the idea of limiting a person’s freedom of action unless it poses a clear and serious threat to others … and “it offends my sense of propriety and good taste” comes far from qualifying for this.

By: CdnInVa

CdnInVa — Wed, 09 Dec 2009 16:46:46 +0000

I have to say I’m a little disappointed with “how” this issue was resolved. Without a legal resolution HOAs are completely free to pull this crap on others, and as long as it doesn’t generate a similar level of national outrage, they’ll do it with impunity. This needed to be settled in a court of law, not via the media. This only fixed this problem for this one guy. It did absolutely nothing to resolve the bigger issue with HOAs in general, and did nothing to benefit any other homeowners in similar situations, whose issues may not be related to a national flag, and thus don’t generate a similar level of national attention.
I lived in a neighbourhood with an HOA for about 14 years (recently moved out of it) and like others who have commented, these things drive me crazy. Local municipal law should always trump the bylaws of the HOAs. The one I had to live with actually increased our dues to pay for a lawyer to protect them against the home owners – nice, eh.
What’s needed is legislation, or punitive litigation, that limits the authority of these groups to paying for the upkeep of the local pool and cutting the grass around the neighbourhood entrance(s). Giving these control freaks unrestricted power to sue a home owner for letting his/her grass grow too long, or for putting an air conditioner in the front window of his/her house, and to increase dues to pay for it, is insane.

By: Bearpaw

Bearpaw — Wed, 09 Dec 2009 16:26:18 +0000

The Grey Area @ 19:

There is a rule that says the flag has to be in good condition.

But the United States Flag Code is unenforced, has no penalties associated with it, and is pretty much unknown to most people, including an unfortunate number of people who think that they “honor the flag” when they fly it.

The analogy of this to other unfortunate examples of “being patriotic” in an ~~ignorant~~ uninformed way is left as an exercise for the reader.

By: Bearpaw

Bearpaw — Wed, 09 Dec 2009 16:16:45 +0000

I’m a little bemused that it took them this long to back off.

By: The Gray Area

The Gray Area — Wed, 09 Dec 2009 16:06:36 +0000

Something I don’t often see anywhere in Europe in residential areas is a national flag. No flags really, except on government buildings. What is it with flag waving in America? “Look at me, I’m patriotic. Wow, I love my country enough to fly the flag…”

I have great neigbors across the street and they have this horrible, fadded, tattered American flag on their big ol’pole, and it looks disrespectful. So now we can what, tell them their flag is a disgrace? No flags, or a “rule” that says the flag has to be in good condition would be nice. My other neighbor has a jolly roger flying over his garage. A big black and white symbol of toxicity. Yeah, more flags please.

Oy!

By: Mark

Mark — Wed, 09 Dec 2009 15:38:01 +0000

Fortunately the power of the press still holds some sway. I firmly believe that without the notoriety he would not have received authorization for the flagpole.

By: Pangolin

Pangolin — Wed, 09 Dec 2009 14:33:39 +0000

NPR just had a short summary of this story this morning!