A Marine Corps veteran is being sued by his Cypress-area homeowners association because the flagpole on which he flies the United States and Marine Corps flags does not meet his subdivision's design guidelines.(visit the link for the full news article)
Mike Merola and his lawyer, Lee Thweatt, say this is a classic case of overreach by a nitpicking homeowners association. Lakeland Village Community Association says it is seeking to enforce its rules evenly on all residents.
Standing in his backyard in a black T-shirt bearing an eagle and the American flag, the 60-year-old Merola called that argument "a lame excuse." After his appl
Originally posted by Whereweheaded
Just love how these elite corporations infringe on the American, much less the pride that some have! I'm glad to see this guy stand up for what he believes in.
Also good to see that the Flag Act of 2005, supersedes the HOA bylaws. Hope it goes to court, so the HOA in question will be seen as the asses they are!
www.chron.com
(visit the link for the full news article)edit on 7-1-2011 by Whereweheaded because: (no reason given)
Originally posted by Whereweheaded
reply to post by captaintyinknots
Only problem is that the Flag Act of 2005 supersedes what any bylaws issued from an HOA may submit. So the HOA has no case, there puny lil bylaws wont stand against a pass legislative law.
To ensure that the right of an individual to display the flag of the United States on residential property not be abridged.
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.
Originally posted by Whereweheaded
reply to post by captaintyinknots
Flag ACT of 2005:
To ensure that the right of an individual to display the flag of the United States on residential property not be abridged.
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.
source: www.govtrack.us...
So yeah, The flag act does apply! It was signed and passed into law.edit on 7-1-2011 by Whereweheaded because: (no reason given)
(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
§5. Display and use of flag by civilians; codification of rules and customs; definition The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America be, and it is hereby, established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to title 4, United States Code, Chapter 1, Section 1 and Section 2 and Executive Order 10834 issued pursuant thereto.
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.
