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The former retired U.S. Navy communications officer said he refuses to back down for the American flag. “Our people are serving today to give us freedom to do as we like here within the law of America,” Watkins said. “It is my right to fly my flag from my pole and until a court of law tells me to haul that down, I will not haul it down. I think about all of the people who have served our nation and all of the lives that it’s cost and all of the friends that I’ve lost.” Local 6 reported that all surrounding subdivisions in Kings Ridge allow a flag pole display in a person’s front yard.
Jim Hart, who handles property management for 1,500 properties, including Sussex, said it is the association’s call and not his. “Each sub-association has its own set of documents and they can differ,” Hart said.
HOA’s are generally small fiefdoms ruled by Barney Fife-like characters.
He needs a “Don’t Tread On Me” flag to go beneath it.
Rules are rules. Yes, its the American flag, but yes, HOA have definite rules that exist to keep these neighborhoods looking immaculate. He knew those rules when he bought the house, and now is trying to ruffle some feathers by saying ‘I don’t have to play by the rules’.
Do I agree with the stupid HOA rules? No, and that’s why I bought a house where I don’t have to abide by any such rules.
He knew what he was getting himself into by moving there. It’s time for people to take some damned responsibility.
“HOA’s are generally small fiefdoms ruled by Barney Fief-like characters.”
They also do a pretty good job of removing any illusion that it is actually your property.
I’m an HOA president, so I’ve seen it from the other side. Rules like this exist to prevent homeowners from doing wacky stuff that devalues the property and lessens a neighbor’s ability to enjoy his home. And residents decide to do some *really* wacky things. A flag may seem harmless, but once it becomes a 60′ flag on a 100′ flagpole, not so much.
Bottom line for me is that the guy signed a contract with all of his neighbors in which he promised that he would not do exactly what he’s trying to do now. And legally, according to the HOA contract, there’s no difference between “installing a flag”, “installing fluorescent orange window shades”, or “installing a 6′ satellite dish in the front yard”. So when he turns around and says now “yeah, but I didn’t really mean it”, I don’t have much sympathy for the guy, however noble his motives.
Still, in our HOA, we wouldn’t take action against the guy until someone complained and “officially” brought it to the HOA’s attention.
While I’m a vet, I’m not particularly a flag waver. Nevertheless I think Mr. Watkins should have the right to fly an American flag if he wants to, and the hell with the homeowners associaton.
Note that this is Florida we’re talking about here, but according to the local TV station the state has a law that “anyone can display a flag in a ‘respectful manner’ as long as it is removable.”
I think there was a similar case a few years ago in a town home development in Albuquerque over requiring grass as opposed to Astroturf or xeriscaping (landscaping with plants that need little water) in the tiny front yard of each home, in a city where water is in short supply. The homeowners association lost when the city stepped in and said “your committee can’t forbid xeriscaping or Astroturf.”
Sorry, I don’t see flying the flag of our nation as ruining a neighborhood.
Also, buying a detached house doesn’t mean that there’s no HOA rules. Many new subdivisions have stupid rules like this.
I can agree that the flagpole shouldn’t be too tall, or the flag shouldn’t be too large, but that’s not the case for this guy.
I’d fight it. They should get vets to buy houses in that area and then vote to replace the HOA.
#3 – He knew what he was getting himself into by moving there. It’s time for people to take some damned responsibility…
…and abolish homeowners associations.
What is the point of property rights if you have no right to do reasonable things on your property.?
Authority exists so that we have something to push.
#3 – You’re referring, possibly, to the Gadsden Flag. I had a Gadsden bumper sticker on the back of my car. Go ahead. Try and take it off.
There have been some movements to ban these anti-flag clauses from HOA covenants. I support these clauses.
Some of these HOA’s and BIA’s (Business Improvement Associations) can be formed simply by getting a simply majority in the neighborhood to sign up.
Initially they sound great – just a group of concerned citizens. Then they lobby the city to get official recognition. The next thing you know, you are under their rules and regs without agreeing or signing to anything.
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On the other hand – what is the obsession that some Americans have with flags, especially having their own flag pole ? I mean, I could understand it if it was a pennant for the local sports team…
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“..the ability to do reasonable things on your property” is what is spelled out in the contract. It is why the contract exists. That way everyone who signed it knows in advance what is a reasonable thing.
Possibly this group did not want their little enclave to look like a third world nationalist party headquarters. I’m sure a nice little flag sticker on his porch window would make him feel just as patriotic, if he really feels he needs to let everyone who passes by know where he stands in the fight against world evil.
Me..I assume that everyone is patriotic until they prove otherwise. However, I suspect that when the time comes to really prove it most of the flag wavers will fold up their flags and go hide in the basement until the danger is over and they can come upstairs and pledge allegiance to whoever their new set of masters might be.
Silly Rabbits. FREEDOM is being able to ASSOCIATE with others of your choice and NOT WITH others you don’t like. Like HOA’s!
If I want to form an HOA that requires everyone to have a horse in the back yard and a goat in the front yard, what is wrong with that? And whats wrong with other people of similar values coming to join me?
You all seem to think that FREEDOM means the right to agree with you. In your heart, you are all dictators==everything to be your way, or hit the highway.
((and I do love: “I’m not a flag waiver==but you should be able to waive a flag anywhere you want to including those places you agreed not to.” What else is a flagwaiver?–HAH!))
HOA’s are a bunch of crap. Unless I live in a high rise condo, where the residents share the expense of a common resource (water for the landscaping, energy to heat the pool, elevator maintenance, etc) I am not living anywhere there is an HOA.
A buddy of mine just got a house, and signed on with the HOA. He was cited for too many weeds. Not that his lawn was overgrown, or unkempt. The weed to grass ratio was too high. Just Silly.
[It is against DU blog rules to post people’s phone numbers. Deleted. – ed.]
I like that free-air dry. So after I shower in the afternoon I head out to the porch swing in my bath robe. Somedays I make tea.
#14;
Thanks, I’ll tell them to stick to their guns.
As much as I don’t like HOAs, this guy signed the contract. Perhaps he should have actually read the contract before it was signed and became legally binding?
HOA are such bullshit. They tell you what you can plant, how to mow, hoe tall your trees can be, what you can have for lawn ornaments, what furniture you can have on your deck… These town homes and other community’s that have HOA’s should only be for the elderly and the very lazy. If I own a house, no asshole will tell me what I can grow in my garden.
In the state of Washington HOAs are requiered by law to allow flag poles of “reasonable size”. Now reasonable size isn’t defined and I had to fight my HOA for my 30′ flag pole. But ultimately the fact that Washington State law requires it be allowed and I had all kinds of evidence of what Washington State has considered reasonable hight I won my case with the HOA board and I have my 30′ flag pole.
#17–Personality==you know what is even more bullshit??
Joining an HOA and then violating its rules.
Such babies. Waaaaaah!
#12, a goat in the front yard? What a silly notion. Unless, of course, it’s for your life size, Nativity display. And how could anyone be against celebrating the birth of our Lord and Saviour.
Only an ass would move into a place with an HOA. If I wanted those kind of restrictions on what I did, I’d move to North Korea.
#20–SJP==lets go with life style? I’d find that less objectionable.
#19 – Well, you have one of those personality types where you are afraid to live a day of your life without the approval of a maternal figure… like the uptight ass who runs the HOA.
I’ve served on HOA cmtes in the past. We were advised that limiting flags and political signs was against free speech and wouldn’t hold up if challenged in court.
#23–OFTLO==how do you get maternal figure out of having goats in the front yard? My mother doesn’t eat grass!
#24–I think you got bad advice. The government is limited in restricting free speech but private associations are not–especially when they don’t discriminate, which is the whole point. I’m sure 99% of people have no objection to flag flying, but once you do that then flags promoting anything else must also be allowed.
This is simple stuff babies. No wonder the hard cases don’t get posted.
It’s just a flag, if you don’t want to move then take it down.
This has nothing do to with free speech. It’s just some jerk off trying to fight for something stupid.
#24 – bobbo is right. HOA sign regulations have been repeatedly proven to be legal. Many HOAs now allow “reasonable” signage, just to avoid problems. But they can still legally place restrictions on signage and other free speech issues, no problem.
#26;
Bingo.
And how would he feel if his neighbor started flying a Nazi flag? Freedom of speech, right? The HOA is right. If you want the rulse changed, gather signatures and change the HOA charter. Every member has this right.
Silly !
I don’t think Jimmie Watkins has much to worry about. The last Florida veteran who ran afoul of a HOA for a U.S. nearly lost his home because the association filed a lien against his property.
Enter the Florida Attorney General who volunteered to represent him on his own time for free. That lawsuit went nowhere real fast. And that lwayer went on to become governor and is on the short list for VP for John McCain.
If I remember correctly there is a Florida law on the books that protects flag wavers from HOAs.
Flying the flag in my neighborhood is protected by the Home Owners Association and many of the veterans who live here. But we’re closer to the ocean than Clermont. Cool winds keep people calm over here.
Those people in Clermont stay out in the sun too much.