American Flag the the right to Display it !!! this story got me boling !!!

thunderstruck88

New member
MACEDONIA —
A retired Army lieutenant colonel is in a skirmish with his Ohio homeowners’ association over the 14-foot flagpole he installed in his front yard.

Other veterans are siding with 77-year-old Fred Quigley, who served in Vietnam. An American Legion post held a flag-raising ceremony Wednesday night at Quigley’s home in Macedonia, 15 miles southeast of Cleveland.

Neighborhood developer Joseph Migliorini tells the Akron Beacon Journal Quigley is breaking a homeowners’ association rule that doesn’t allow flagpoles but says flags may be flown from a holder on the front of a home.

Migliorini tells the newspaper “it wouldn’t look good” if all the residents put flagpoles in their small front yards. He’s offering to install flagpoles at the development’s entrances.

Quigley maintains his flagpole is a matter of free speech
 

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rocketman356

New member
Now that would B a neighborhood I would be proud to live in if there was a flag pole in every front yard ,,,,don't yaa know
 

pistons

New member
Did he not know the rules when he moved in? Rules and Zoning Laws are a great thing as long as it doesn't effect me!
BTW I wish he could leave the flag pole there.
 

dcsnomo

Moderator
Did he not know the rules when he moved in? Rules and Zoning Laws are a great thing as long as it doesn't effect me!
BTW I wish he could leave the flag pole there.

Of course he knew the rules. When you go to closing for a property with a homeowners association you sign a document whereby you acknowledge receiving a copy of the rules and you agree to abide by them and the actions of the Board. The property is in a controlled development and he knew that.

T-struck, this has absolutely nothing to do with his "right" to fly a flag when and where he wishes. This has to do with him being a man of his word and sticking to an agreement he made willfully. When he bought the house in the development he agreed to follow the rules (do not put up a flag pole) when he signed the closing papers. He gave up the "right" to have a flag pole willfully and without coercion when he bought the property and agreed to the rules. If he did not like the rules he was free to buy in a different development...he has the "right" to live elsewhere. BTW, he can still fly the flag from a staff mounted on his house in accordance with the rules he agreed to.

I pride myself on being a "man of my word". If I agree to follow the rules when I buy the house I will do so. I guarantee you I will get elected to the board immediately so I can help determine the rules, (also this gentleman's right). but if I agree to do something, as a person with integrity I will abide by my word.

This has nothing to do with flying the flag, this is one guy's way of pi**ing off the homeowners association. I wouldn't be at all surprised if this flagpole issue came from some heated discussion over a camper in the driveway or a fence or a boat or something.

Nope, sorry T-Struck, I keep my word when I make an agreement. This guy is a confrontational a-h, he is the neighbor that nobody gets along with.
 
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thunderstruck88

New member
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.
 

vx700xtc

Member
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T-struck, this has absolutely nothing to do with his "right" to fly a flag when and where he wishes. This has to do with him being a man of his word and sticking to an agreement he made willfully. When he bought the house in the development he agreed to follow the rules (do not put up a flag pole) when he signed the closing papers. He gave up the "right" to have a flag pole willfully and without coercion when he bought the property and agreed to the rules. If he did not like the rules he was free to buy in a different development...he has the "right" to live elsewhere. BTW, he can still fly the flag from a staff mounted on his house in accordance with the rules he agreed to.

I would live in a van down by the river before I would agree to live under a " homeowner association".
 

frnash

Active member
This is above the Freedom to display the Amrican [sic] Flag wish [sic] was passed into LAW in 2005 Veitnam [sic] Vet WINS!!!!!! hands down !!!!!!!!!

Problems:

1. This law relates to displaying the American Flag, which the retired Army lieutenant colonel is permitted to do according to the homeowners’ association rule … as long as the flag is flown from a holder on the front of a home.

2. Nothing in this law relates to the installation of a 14-foot flagpole.

3. But nothing in this Act "shall be considered to permit any display or use that is inconsistent with … 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."

Thus the homeowners’ association restriction against the installation of a flagpole is lawful!
 

brooks

New member
I am in the satellite business which I believe falls into the freedom of information act, and see similar regularly.

Under law the association cannot ban someone from displaying a flag. From what I read here the association is in accordance with the law, and allows flags to be flown from a holder on the front of the home.

The proper procedure for a resident of an association if they want to want to do anything (whether it be display a flag, get satellite, work on their car, cut a limb off a tree, or go the the bathroom) is to go to a board member, tell him or her what your intentions are, and that person will print out a nice sheet of paper with the parameters you need to keep within.

This guy hasn't a leg to stand on. The real lesson here is that everytime you sign your name you are trading freedom for some benifit. This guy like a little 2 year old brat, he wants all the good that comes along with living in the association, but not the bad.
 

dcsnomo

Moderator
This is above the Freedom to display the Amrican Flag wish was passed into LAW in 2005 Veitnam Vet WINS!!!!!! hands down !!!!!!!!!

Sorry T-Struck, again, this has nothing to do with his right to display a flag. He can still do that, on a pole, hanging from his house.

He agreed not to put up a flag pole when he moved into the controlled development. This is a controlled development. There are rules. If he didn't want to live under a homeowner association he should not have bought into one.

Vet loses.

BTW, this has nothing to do with veterans status, and playing the vet card is a cheap, tawdry ploy. His is an a-h, vet or no vet.

If you are unable to be a man of integrity and keep your word in an agreement you have made with another party then don't play the vet card. He willfully agreed to these rules!
 

dcsnomo

Moderator
Yeah, like Nash said!

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.
The association has not restricted the flying of the flag, rather, they have restricted the erection of flag poles. The flag may still be flown in a manner consistent with the assoc rules

SEC. 4. LIMITATIONS.


Nothing in this Act shall be considered to permit any display or use that is inconsistent with--In other words, this act will not permit a display 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. the reasonable restrictions of a homeowners association
 
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frnash

Active member
… This guy is a confrontational a-h, he is the neighbor that nobody gets along with.
… This guy like a little 2 year old brat, he wants all the good that comes along with living in the association, but not the bad.

I agree with both of the above comments.

Just to clarify, I am a Vietnam era veteran U.S. Army officer myself, and in my time I have seen a rare few pompous, arrogant, egotistical a-h field grade officers just like him, strutting about like a self important peacock. I have little sympathy for him on this matter, Vietnam Vet or not! His insisting on installing a 14 foot flagpole is just another way of reminding his neighbors that he is a big sh!t retired Lieutenant Colonel, and so much better than them that he doesn't have to follow the rules.
… I would live in a van down by the river before I would agree to live under a " homeowner association".
Amen to that!
 

rocketman356

New member
Mayb just mayb its his way of getting the HO assc AH's of changing thier AH rules.U guys R f ed up calling people yaa never met AH's. Have a nice day
 

brooks

New member
Mayb just mayb its his way of getting the HO assc AH's of changing thier AH rules.

If that is the case, I feel sorry for this guy.

I've tried that with many rules, speeding, etc.... doesn't work. Though learning through experimentation teaches one well, but it is a less than desirable way to learn. The alternative, learning by revelation is much more pleasant if one is able to learn that way.
 

rocketman356

New member
If that is the case, I feel sorry for this guy.

I've tried that with many rules, speeding, etc.... doesn't work. Though learning through experimentation teaches one well, but it is a less than desirable way to learn. The alternative, learning by revelation is much more pleasant if one is able to learn that way.
Mayb
 
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