hoa madness: got a complaint about flying a Gadsden flag

[Bill]

Texas law:


Texas Property Code - PROP § 202.012. Flag Display

Current as of April 14, 2021 | Updated by FindLaw Staff


(a) A property owners' association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of:

(1) the flag of the United States of America;

(2) the flag of the State of Texas;  or

(3) an official or replica flag of any branch of the United States armed forces.

https://www.revolutionary-war-and-be...sden-flag.html

The Gadsden Flag was created by South Carolina Congressman Christopher Gadsden for the first Commander-in-Chief of the United States Navy, Esek Hopkins. The yellow flag with a rattlesnake and the words "Don't Tread On Me," was flown by Hopkins from his flagship the USS Alfred and hoisted by Revolutionary War hero John Paul Jones. It was also the first flag of the United States Marines.

I contend I am flying a replica flag of the US Navy and also US Marines. Will I lose this? I don't really want a war where I live.

[ptindall]

I don't know but good luck.

[DAB]

is the juice worth the squeeze.

you might win, but at what cost of money, time, and sanity?

[DJ_Critterus]

Ask the president if the HOA really wants to waste money fighting over something that is clearly codified in state law. See what the answer is and then if the HOA becomes belligerent, take the fight to them.

Don't forget to shit on the president's front door step for good measure.

[Bill]

Originally Posted by DAB

is the juice worth the squeeze.

you might win, but at what cost of money, time, and sanity?

So far, i have sent an e-mail with supporting argument, just as posted here. We will see how it goes.

[Old Ben]

ICNLT

HOA's are a pain in the ass. That's why I built out in the County on acreage.

[DAB]

Originally Posted by DJ_Critterus

Ask the president if the HOA really wants to waste money fighting over something that is clearly codified in state law. See what the answer is and then if the HOA becomes belligerent, take the fight to them.

Don't forget to shit on the president's front door step for good measure.

you spend your money fighting your case, and they spend your money fighting against you....

[LATB]

Originally Posted by Old Ben

ICNLT

HOA's are a pain in the ass. That's why I built out in the County on acreage.

This ^^^ exactly.

I am done with subdivision living. We are really looking forward to building in the middle of 33 acres.

[jw38]

**** the HOA. Texas law is clear on this and the Gadsden flag is a replica flag of the US Navy.

[Steve_R]

Originally Posted by Old Ben

HOA's are a pain in the ass. That's why I built out in the County on acreage.

Some are, some aren't. We wanted to be a short walk to the beach, which precluded an acreage here. The small area we bought in has one dead end street and not many houses. There is an HOA, but they're reasonable. For our $1,100/y dues we get weekly lawn mowing/trimming, a community pool, a wooden beach walkover and street maintenance since we own it. It's against the HOA rules to rent a house out for less than six months so we don't have to put up with short-term rental party houses. Non-HOA neighborhoods here tend to be mostly vacation rentals with lots of traffic and people coming and going and all that vacation rentals bring with them, most of which is not good.

[dvarapala]

Originally Posted by DJ_Critterus

Ask the president if the HOA really wants to waste money fighting over something that is clearly codified in state law. See what the answer is and then if the HOA becomes belligerent, take the fight to them.

Originally Posted by DAB

you spend your money fighting your case, and they spend your money fighting against you....

HOA President DGAFF - it's not his money.

[Bill]

I agreed to and will live by the hoa covenants as agreed, unless they are overruled by state law. For instance, some older neighborhoods have covenants against selling to blacks. Probably wont abide by that one if I lived in an older subdivision. I can also argue only current US military flags are protected, not historical military flags. Same for the US flag.

[erickpl]

If it helps, Alabama offers the Don't Tread on Me snake and yellow background as a license plate design...

[ZipZap]

Many HOA's have adopted a "no political display" position, and I'm pretty sure that your HOA sees this as political. Whatever you do, make sure you have a sound reason to display this particular pattern.

There is a guy who recently won a battle to display a thin blue line flag. His son was killed in the line of duty, so he has a strong reason to display the flag as a tribute to his son.

Good luck

[MadInNc]

This…..

[Louie Detroit]

Originally Posted by MadInNc

This…..

Why would someone complain about this? I wonder how many millions of bugs they eat a day?

[DAB]

bats are very good: keep down the skeeter populations.

[ricks327]

Originally Posted by bill_daniels

Texas law:


Texas Property Code - PROP § 202.012. Flag Display

Current as of April 14, 2021 | Updated by FindLaw Staff


(a) A property owners' association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of:

(1) the flag of the United States of America;

(2) the flag of the State of Texas;  or

(3) an official or replica flag of any branch of the United States armed forces.

https://www.revolutionary-war-and-be...sden-flag.html



I contend I am flying a replica flag of the US Navy and also US Marines. Will I lose this? I don't really want a war where I live.

Contact the local ACLU for legal help. That would be interesting.

[Yadkin]

Originally Posted by bill_daniels

I contend I am flying a replica flag of the US Navy and also US Marines. Will I lose this? I don't really want a war where I live.

It's worth a bluff. Have a lawyer write them a letter.

[LATB]

I've lived in HOA subdivisions most of my adult life.

Seems most are too weak or too strong.

The only ones that actually follow the recorded covenants to the letter are managed by an outside party. And that is not cheap.
Get the homeowners involved and you can usually count on much animosity, favoritism, and a non consistent enforcement of the rules.