Saturday, April 18, 2009

ONE FOR THE TEAM

ONE FOR THE TEAM
Home owners associations are their own special little fiefdom. What once was supposed to stop my neighbor from have goats, cars up on blocks, and naked children running around, has turned into a tedious, rule governed nightmare that is anti-American. Recently a veteran in our community wanted to put up an American Flag. The "Board" said NO and sent everyone to the by-laws to reference this. They then had the audacity to suggest their lawyer fully endorsed this rule and basically we all should hush about it. To add insult to injury, our President is a Federal Law Enforcement officer. I'm certainly no lawyer, but I know how to reference laws and rules in the State of Florida. Working in the Forensic Science field for many years, I'm asked often by Judges and Lawyers about mental health law as it pertains to certain cases. Here is the recent discourse on our website:

Innocent Homeowner: "Does anyone know the law that was passed that allows us to put up flag poles and fly the American flag? I know there is a law out there that supersedes what the association rules are in reference to putting up a flag pole"

Board Reply: "Regarding the flag pole questions: Please review the ACB document and confer with Sentry Management if you have any further questions. Although this is a deed restricted community, we will of course comply with all federal, state and local laws/ordinances that are applicable in our neighborhood. We rely on our property Management Company and HOA law firm to properly advise us on all legal related matters and to review our rules on occasion."

Sir Saunders Reply:
"The Rules and By-laws of this HOA are subordinate to the Laws of the State of Florida and to the Constitution of the United States. Please review the law below."
Title XL
REAL AND PERSONAL PROPERTY

Chapter 720
HOMEOWNERS' ASSOCIATIONS

View Entire Chapter

720.304 Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.--

(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner's real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag.

The only unfortunate part of this Florida Law, is that it doesn't allow for Confederate Flags! Yeeeehaaaa!! At any rate, here's one for the Gipper. I'm still waiting on a reply from the board.

2 comments:

Tom said...

Great recount with details I missed on the bike ride.

Revan said...

Would this not infringe upon first amendment rights, though? If an individual desires to fly a Confederate flag, why not?

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