hoa madness: got a complaint about flying a Gadsden flag

[Bill]

Originally Posted by zeek

I love it when people move to a location with an HOA and then bitch when the silly rules affect them. You and I both know the intent of the law was actual flags representative of today's military branches. If your argument was a good one, you would be able to also fly the confederate flag, which you know would never fly...pun intended....

The Texas statute says AN official military branch flag, not The official military branch flag.

[slewfoot]

Originally Posted by DAB

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

This is true. Money spent on enforcement comes straight from your dues. When I was the Prez of ours several years ago, we assessed all these fees back to the owner who started this shit to avoid everyone else have to foot the bill.

They would sell and leave, and we still collected on the sale

[Norm]

My place is zoned farming, screw 'em all, I'll fly what I want.

[slewfoot]

HOA Bylaws, Declarations, Covenants or however you slice it are like the Constitution.

Many always say, "it's against the Constitution." Thing is they have no fkn idea where it says so. Generally, a new owner is to receive a copy of the Bylaws and all but never bother to read them over which could prevent issues in the future.

Then they do something and piss everyone off when it could have all been avoided.

[LATB]

Originally Posted by slewfoot

This is true. Money spent on enforcement comes straight from your dues. When I was the Prez of ours several years ago, we assessed all these fees back to the owner who started this shit to avoid everyone else have to foot the bill.

They would sell and leave, and we still collected on the sale

Not sure that would hold up in a court.

[slewfoot]

Originally Posted by Norm

My place is zoned farming, screw 'em all, I'll fly what I want.

There is this flag in front of a car dealership here. Maybe DAB has seen it on Alameda just west of I-25. Looks to be maybe a 100ft pole. The flag is so huge it nearly touches the ground.

It just hangs down like a rag around the pole. Like a king-sized bedsheet hanging off your bedroom door. The only time it ever waves around is during a high wind warning of 50mph gusting to 75. It's just looks stupid.

If they raised one of proportionate size, it would look great.

[Steve_R]

Originally Posted by LATB

Not sure that would hold up in a court.

That depends on how the HOA’s governing documents are written.

[LATB]

Originally Posted by Steve_R

That depends on how the HOA’s governing documents are written.

Agree.

[Iron Chef]

Originally Posted by slewfoot

HOA Bylaws, Declarations, Covenants or however you slice it are like the Constitution.

Many always say, "it's against the Constitution." Thing is they have no fkn idea where it says so. Generally, a new owner is to receive a copy of the Bylaws and all but never bother to read them over which could prevent issues in the future.

Then they do something and piss everyone off when it could have all been avoided.

THIS.

In 5 years as an HOA President, that was our biggest problem: Most people put the covenants in a stack of papers in a drawer somewhere and forget about them. Or lose them. We created a website and I made sure that the covenants were posted there.

You should be aware that in Texas, an HOA cannot foreclose on a lien that consists solely of fines. If you haven't paid dues that's one thing. But they can't take your house because you broke a rule and they fined you. There might be other protections if you have a homestead exemption, but I can't remember as it's been quite a few years.

Sometimes it's worth the fight, sometimes it ain't. I see why you'd want to fly the flag, but from the HOA's point of view if you bend the rules, pretty soon everyone is flying flags and your neighborhood looks like a county fair. I'd definitely challenge them if it's that important to you, but based on the amount of pushback, you may want to back off on it. Pick your battles.

[Mick]

Originally Posted by slewfoot

"The Gadsden flag is a historical American flag with a yellow field depicting a timber rattlesnake coiled and ready to strike. Beneath the rattlesnake are the words: "DONT TREAD ON ME". Some modern versions of the flag include an apostrophe.

The flag is named after politician Christopher Gadsden, who designed it in 1775 during the American Revolution. It was used by the Continental Marines as an early motto flag, along with the Moultrie flag. Its design proclaims an assertive warning of vigilance"


I don't know anything about this flag until I just looked it up and could care less if one flew it or not, but that last sentence tells me it is a flag of warning.

I could see people taking offense to it.

It was a warning, to the British. I assume it could be taken as a warning today to a prospective invader. Unless others living in the HOA are planning on invading the US, there is nothing to worry about.

But liberals will find a way to be afraid of anything.

[04 commemorative]

Originally Posted by Norm

My place is zoned farming, screw 'em all, I'll fly what I want.

As long as the American Flag is on top,you are good to go

[ZipZap]

Originally Posted by Steve_R

That depends on how the HOA’s governing documents are written.

Yep. Definitely in our covenants that if a member "loses", they pay all costs and fees. HOA lawyers are pricey, too.

[Bill]

Called my state representative and his staffer said they would look into what the state law actually protects and would call me back on Tues. or Wednesday.

[Will]

Originally Posted by zeek

I love it when people move to a location with an HOA and then bitch when the silly rules affect them. You and I both know the intent of the law was actual flags representative of todays military branches. If your argument was a good one, you would be able to also fly the confederate flag, which you know would never fly...pun intended....

The confederate flag was not a flag of the U.S.

The Texas statute does not require that the flag displayed still be currently in use by the armed forces of the U.S.

OP is well within his rights to fly it, just a question of whether or not the HOA will agree and if not whether OP wants to spend the time/money to fight them on it. State law trumps HOA regulations and there is nothing wrong with moving into an HOA and then bitching when an UNLAWFUL HOA rule/demand is applied to them.

[DAB]

next week, OP complains about the dozen lgbtwhatever flags that have appeared..... "oh, we can't ban those, they are 'inclusive', and we're all about being 'inclusive', as long as we don't include what you want"

[Bill]

Originally Posted by DAB

next week, OP complains about the dozen lgbtwhatever flags that have appeared..... "oh, we can't ban those, they are 'inclusive', and we're all about being 'inclusive', as long as we don't include what you want"

I would be fine with that....so the kids know where the predators are so they can stay away.

[zeek]

Originally Posted by bill_daniels

The Texas statute says AN official military branch flag, not The official military branch flag.

Im not in disagreement with you. I think you should be free to fly any flag you want. But my point is, I doubt you will succeed because if you do, as I said earlier, you would open a can of worms because the confederate flag was once AN official military flag. I am in support of flying both the Gadsden and the confederate flag, along with the thin red and blue line flags. But...This is what happens when you are governed by a HOA....

[Bill]

Originally Posted by zeek

Im not in disagreement with you. I think you should be free to fly any flag you want. But my point is, I doubt you will succeed because if you do, as I said earlier, you would open a can of worms because the confederate flag was once AN official military flag. I am in support of flying both the Gadsden and the confederate flag, along with the thin red and blue line flags. But...This is what happens when you are governed by a HOA....

I have emailed my TX senator and talked to my TX legislator, and emailed the TX attorney general, to clarify exactly what the statute allows. If I can't win, I won't push it. I want to follow the rules, as long as state law doesn't supersede it.

TX law does not cover the thin blue line flag.

[04 commemorative]

...

[Millenium Vette]

Originally Posted by slewfoot

"The Gadsden flag is a historical American flag with a yellow field depicting a timber rattlesnake coiled and ready to strike. Beneath the rattlesnake are the words: "DONT TREAD ON ME". Some modern versions of the flag include an apostrophe.

The flag is named after politician Christopher Gadsden, who designed it in 1775 during the American Revolution. It was used by the Continental Marines as an early motto flag, along with the Moultrie flag. Its design proclaims an assertive warning of vigilance"


I don't know anything about this flag until I just looked it up and could care less if one flew it or not, but that last sentence tells me it is a flag of warning.

I could see people taking offense to it.

The 1775 version of **** around and find out. I like it....