Did this HOA go too far

Discussion in 'News / Current Events' started by Salty, Mar 20, 2014.

  1. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,130
    Likes Received:
    221
  2. thisnumbersdisconnected

    thisnumbersdisconnected
    Expand Collapse
    New Member

    Joined:
    Apr 11, 2013
    Messages:
    8,448
    Likes Received:
    0
    Even if the HOA's bylaws were approved when the community was handed over from the developer to the residents back whenever, that clause can't stand. They cannot tell you what can be displayed inside your house. That's been decided long ago in the courts:
    The ribbon has nothing to do with the "protection, preservation, or proper operation" of her condo.
     
  3. ktn4eg

    ktn4eg
    Expand Collapse
    New Member

    Joined:
    Nov 19, 2004
    Messages:
    3,517
    Likes Received:
    1
    It is against Federal Law for an HOA to ban such a ribbon as long as it is entirely within the confines of the individual's personal property.

    Although some HOA's have attempted to place such bans as are cited in the OP's reference, such bans will not hold up in a Federal Court of Law, due primarily to the enactment of the Federal Freedom to Display the American Flag Act of 2005 (A/K/A Public Law 109-243) that has been in effect as of July 24, 2006.

    If anyone is interested in reading the actual text of Public Law 109-243, he or she can contact the office(s) of his or her particular US Representative or US Senator. To expedite a reply about this, one should always refer to Public Law 109-243 when communicating with your Federal elected official's office staff.
     
  4. InTheLight

    InTheLight
    Expand Collapse
    Well-Known Member

    Joined:
    Dec 17, 2010
    Messages:
    16,263
    Likes Received:
    619
    Simply awesome reporting. We get a 1 second view of the offending ribbon in an small inset picture-in-picture photo. Way to go!

    Anyway, the ribbon appears to violate the HOA, so no, they didn't go too far.
     

Share This Page

Loading...