For two days the Richmond Times-Dispatch has run stories about a battle in Henrico County between a homeowners association (HOA) and a Medal of Honor recipient regarding the veteran’s flagpole (today’s story here).
Now, if this was a state or local government prohibiting the flying of a flag (or the flagpole, depending on who you listen to), this would be a no-brainer and I would be agreeing with the vet. Anyone that knows me, or even reads my blog at all, should know that I think and believe if it’s your property, you should be able to do whatever you want with it. If one of your neighbors doesn’t like it, maybe they should make you an offer you can’t refuse (the monetary kind, not the dead horse kind) for the parcel of land.
However, this is a homeowners association. When you move into a subdivision with an HOA, you agree to the rules that they have been established and any rules they might establish in the future.
That’s your choice. No one forces you to move into that subdivision. By moving into that neighborhood, you’re giving up rights and privileges that you might otherwise have. You agree to abide by their rules, as absurd as they may be.
Thoughts?
Well..here’s the question. Do YOU think that State and Federal laws should PROHIBIT HOAs from denying flying the flag?
that would force the HOA to specify the only ways that would be permissible so it might end up as a win-win with the individual allowed to fly the colors but the HOA setting the rules for doing so.
Of course, I’m sure some HOA will find some very restrictive way of allowing it but like you say – when you move in – you agree to the rules.
From what I read the HOA doesn’t have a specific prohibition against flying flags. They are invoking some general welfare of the neighborhood type of rule.
LarryG, no, I don’t. The federal government shouldn’t be involved in the issue at all. As for a state, they shouldn’t be interfering with a legal contract that was previously put into place, especially because of some populist rage.
And COD, from what was presented in the RT-D today, the HOA is claiming that the flagpole is the issue, saying there’s a prohibition on erecting a flagpole perpendicular to the ground (poles mounted at an angle on a home are fine supposedly). At least that what’s I got from reading the article.