This is the big uproar running around the Internet right now. An Evil Draconian (Love that word) Condo Association is being mean to a Veteran who just wants to fly his flag in front of his condo. Patriots from all over are lining up in protest to defend this man's right to fly his flag where ever he wants and of course everyone is raging and quoting the Freedom to Display the American Flag Act as all the proof they need that evil is being done. Well, unfortunately there is a bit more to this whole thing than most people want to admit.
Don't get me wrong, I fully believe that any American citizen should be able to do pretty much anything they want on their own property. This is why you will never find me living anywhere there is any sort of HOA agreement or Covenant. If you own your home, condo whatever, you should be able to do whatever the fudge you want. The concept of someone else being able to tell me what to do with my property is ridiculous. Now, having said that, let us move on.
First we'll deal with the main argument that everyone keeps using. The Freedom to Fly Act. Everyone is busy quoting how it gives all American Citizens the right to fly the flag no matter where they are. They either have glossed over or just didn't read that far where it says, "(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." Put at its simplest, this means that a HOA or Covenant Group CAN place restrictions upon the flying of the American Flag if they deem it necessary to protect the area. So, restrictions can be placed and done so very legally.
Second, let us cover the main argument when I see these "HOAs refuse to let X fly flag." When the Veteran in question moved into his property, he would have been required to read and sign (Agree to) all of the rules of the HOA. In short, he entered into a contract with them with the understanding that he would follow all of the rules. He knew that flying the flag was against the rules of the HOA and he did it anyway. Like it or not, that puts him firmly in the wrong. He broke the rules, got in trouble for it and is now complaining about. He didn't object directly to the HOA or file a protest. He posted it to websites where he knew it would raise a stink. This tells me that he knew he was in the wrong (Contractually speaking) and is trying to raise public opinion to further his case.
Like I said, I am not objecting to anyone flying the flag. I despise Covenant/Home Owner Associations because I feel that we are slowly ceding more and more of our privileges away to Others. If you want to fly the American Flag, The Russian Flag or the Flag of the Federation then you should be able to. If you want to run a (Licensed please) Distillery in your front yard, go for it! If you own property then you should have the right to do whatever the fug you want. Simple as that. HOWEVER if, for some insane reason, you do join a Covenant Neighborhood with all sorts of restrictions than buck up and deal with it. That was your choice and you made it.
End of Rant
No comments:
Post a Comment