Fred Quigley is a 77 yr. old Vietnam veteran. Reportedly, he's in emotional distress because his homeowners' association is bullying him with legal action. They are demanding that he take down the 15-foot tall flagpole with American flag in his yard. Quigley is saying he just can't bear to do that, so the association is drawing up legal papers. I read about this story here. If they file for legal action, Quigley says he will fight, and with laws about flying flags, would probably win. However, he would just rather not be dealing with this at his age. According to the article, the homeowners' association may back down with Quigley, due to a showing of public support. In the article, it says he is living in the Villas at Taramina near Macedonia, Ohio. After Googling, I think I found their site.
the homeowner's agreement is not against flag waving but against the aesthetics. let me play out a discussion that can be held with this: a: but a owner of a house can do what they want with their house, right? b: but if you sign an agreement that stipulates what you can and what you can't do with your house you must abide by it. a: but the right to fly the american flag in your household is for everybody. b: only in the designated areas that you agreed with. a: but that is not freedom to be restricted to where you can fly the american flag at the place you live it, right? b: (fuck, what about the popularity hit, there goes our business) we will consider it. (we should have realized that this could be an issue, so why add it in the agreement, but what about our angle about aesthetics and the usage of electricity to the flag pole?) if the homeowners are sticklers to their agreement will they win this case? or will the agreement be found as a breech to the laws of the land? (will the homeowners stop there pursuit because it could jeopordize their entire amount of their contracts, what is their motivation to stop?, alot of money to fix this?)
@eric8476 Too bad you've missed my point. Let me try again. In NY you can't smoke in Parks. And they are telling us that America is the Land of the Free. gastreplies
Liberty doesn't require you being allowed to do what you want. As for the guy being told to remove his flag pole... Why exactly should he be exempt from the rules that apply to everyone? Rules that he agreed to when he moved there.
Home Owners Associations are the refuge of small-minded controlling little guys who like to impose their will on their neighbors. I'm sympathetic to the fella that wants to fly his flag, but the legal problem he faces is that the fine print's educational, especially if you don't read it before signing. HOAs have their own bylaws that add an entire layer of restrictions above and beyond those imposed by the city, and it's dumb to pay for something while simultaneously legally vesting a substantial amount of its control into the hands of someone else. People think an HOA is going to save their proprty from being devalued by their neighbors poor choices... Somehow forgetting they too are among those whose choices will be screened by the tiny pedantic group that controls the HOA. I've cautioned people for years to avoid buying property subject to the rule of an HOA for exactly this sort of reason.
That's good advice. When I bought this place, it was all a blur. I had been renting one of the homes owned by my mother, but was on the verge of being disowned. At first, I tried to find a place to rent, but no one would accept my animals. The thought hadn't crossed my mind of buying my own house until then. So, I had to act fast, and owned my own place within appx. a few weeks. I wasn't aware there was an association fee until I bought it. My real estate agent probably told me, it was most likely stated on the paperwork, but I think I just tuned everything out. Now, I have to pay $170 a month for harrassment. The last warning letter I got from them was to let me know my trees had no leaves - It was the dead of winter. I mean, really? I guess that's one reason why I feel empathy for Quigley, as I don't really care for HOA's to begin with. Nest time I buy a place, I'll know what to watch out for.
They had him over a barrel on legal grounds... he had the moral high ground in the eyes of the community. The HOA backed down. The gentlemans flag is flying.