Well they probably shouldn't buy a home in Indian Creek Phase 3B.

 

My adivce is SELL, SELL, SELL, and get the heck outta that place.

 

It sounds like many of the posters are unfamiliar with the CC&Rs of a homeowner's association. You live there to obtain privacy, in many cases for added security, retaining the value of your home, to avoid home business and normal street traffic and it eliminates having to look at other peoples personal projects/hobbies/interests and/or neglect of same. If one of the CC&Rs is not enforced, they all legally become null and void for all restrictions and the charter must be amended.

If that's not what you want, no one forces you to live there. When you do buy a home within an association, you sign papers stating that you will conform to the CC&Rs. It doesn't take a rocket scientist to understand that you're going to be sued if you disregard the CC&Rs.

Should the court decide to allow the flag infraction, lawyers will swarm all over everyone involved as most individual homeowner and association insurance policies grouped together are big bucks. In affluent associations, just responding to the lawsuits, I'm not talking about winning or losing, could put an individual in the tank as every other homeowner would file a lawsuit against the offender for diminished property values. If you understand our tort system, it doesn't take much to cut off your nose to spite your face. If you don't want to follow the rules, stay out of the game.

 

I think the thread is a little misleading. The marine is not losing his home for flying the flag. The marine is losing his home because the court said he violated the rules of the association he voluntarilly belonged to and chose to fight it to the point that there were over $20,000 of unnecessary legal bills to pay. He could have hung it on the approved bracket and saved everybody a lot of time and money.

 

That's the way I see it too.

 

__________________________________________________ __

I guess there are a lot of facts that we are misssing here.This seems to be another case of hanging before trial.
I don't know if that came out right but, I am a proud american,I served my country, I buy everything american and I have a hard time understanding why someone cannot fly their flag if it is done properly.
Granted,I see a lot of people that will hang their flag from a pole and leave it there until it rots and it makes me sick. I cannot see any reason to protest someone that wants to raise their flag if it is done right.

If what you say is correct, then he is clearly in the wrrrrrrr......wro......wro........wrong. THAT sounds like he just did this to prove a point.

 

Some growing communities in my area are requiring that new sub-divisions be part of an owners association, this relieves the city from most code enforcement. Buyers must weigh the pluses (location, amenities, value) against the sometimes negative (only as good or bad as the people elected to serve) and make their decision. When they make the decision to become an owner, they are stuck with the rules, good or bad. Personally, I will have no part of one and when I am elected I may force a recall provision into every charter.
Dono

 

Dono... when you are elected for what. you guys got me started now. I am a homeowner. I bought and and paid for my house. If you don't like what I do with it....... too D%&&^m bad!!!!!! I bought it ,I paid for it I live in it and I will use it as I see fit!!!!!!!!!! If you have a problem with that..........move......

 

Some rapidly growing communities in my area are requiring new sub divisions to be part of an owners association. This relieves the city and county from much code enforcement. People buying must weigh the pluses (location, amenities, value, ect) against the possible negative (as good or bad as the people that serve) and make an informed decision. If they elect to purchase they are bound by rules they know up front and there is a stated notification and appeal process for violations. Personally, I want no part of of such an arrangement, but that's my choice.
Dono

 

I dunno, that sounds pretty political to me. I think all of these HOA's can go take a flying leap......Like I said, I bought my house, I live in my house, and I will do with my house what I see fit (whatever I like ). If any of my neighbors have a problem with that......they can go.. you no where.
I'm tired of people that don't have anything better to do than to worry about what I'm doing!I will never be a part of this.
(dono) you keep coming back with the same answer only rephrased, what is up with that?)

 

Sorry about the double post - that was pilot error. I was attempting to convey what is happening in my area and did not in any way support HOAs. I assume "you" is someone living in your area. If your home is in an incorporated area, you pretty much can do as you please but if you live in an incorporated area you can do as you see fit only as long as you do not violate a code(s).

As for being elected, guys that have been around the forum a while know that I'm running for president on the Bright Red Clearcoat Party (look it up). Can I count on your vote?
Dono

 

I live in a community that has a homeowner's association, and more often than not, they're just a pain in the behind. The original idea is to set a standard for the community to keep things orderly and neat. That's not really a good way to describe it, but here's the reasoning - as long as there is a homeowner's association, my neighbor can't have a chicken coop in his front yard, or an IROC on blocks. Basically, it keeps the neighborhood from turning into Appalachia. At the same time, I can't paint my mailbox navy blue if the code says it has to be grey. It goes both ways. They do have legal power, too - when you buy the house, you have to agree to the conditions in the homeowner's guide.

I agree with the rules, more or less, because I personally don't want to look at a broken down car on blocks, or have my neighbor's livestock wandering around, or have to look at a pile of junk tires in somebody's driveway. It's just common-sense stuff.

On the flipside, our next door neighbor (we're divided by about 50 yards of woods, mind you) is a grouchy old bag who - you ready for this? - keeps a copy of the community covenants with her. Whenever my house is in violation (at the max, one day), she highlights the rule that was broken and sticks it in our mailbox. Ridiculous. When we were moving in, my dad put a beach towel up in his office window because we were waiting on the guys to come hang the blinds. The towel was there for an hour and she complained about the violation.

Most of the time, people exercise a bit of common sense, but there's always one person in the crowd, right?

XXL

 

seems like theres more than one to me

 

Stuff happens.

As long as there are other people in the world you will offend some of them. Then somebody will see a dollar in it for themselves. That's when the stuff gets really deep.

As for the flagpole. Somebody in the HOA should have put a stop to this b.s. a long time ago. It sounds like the typical neighbor vs. neighbor squabble that's been going on since the first two houses were built next to each other.

 

I still say the guy is making a big deal over a technicallity. They're not against flying the flag, they're against flying it on a flagpole, or in his case, a portable flagpole. He should have backed off when he lost at the local court level. The US Supreme court should be a venue to debate topics of historical value, not portable flagpoles. Hang the bracket, fly the flag, be done with it.