One Dishonest Marine

Discussion in 'Off-topic Political' started by Mrs_Esterhouse, Jan 6, 2018.

  1. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    How to be a dishonest, lying neighbor and Marine while playing the victim:

    1) Sign a legally binding HOA contract prior to purchasing a home in a development where you promise to obey and abide by all of the rules set forth by the HOA.
    2) Proceed to break said rules and said promise by installing two large flag poles within the prohibited zone from the property line.
    3) Pretend to have no idea what the problem is while crying to the Media that the neighbors simply don't like the flags.

    http://www.foxnews.com/us/2018/01/0...an-marine-corps-flags-outside-texas-home.html

     
    Last edited: Jan 6, 2018
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I'm conflicted on cases like this.
    On one hand, he knew (or should have known) about the HOA's rules before he bought that home. Anybody who buys a home with restrictive covenants enforced by a HomeOwners' Association needs to expect that the heads of that group will be petty tyrants and NAZIS.

    AND, under many state's laws, a legally-incorporated group like an HOA cannot sanction any kind of discrimination. So if they allow Marine Corps flags and the American Flag, but not an ISIS flag or the Soviet flag or the North American Pedophile Club flag, the HOA could be sued for discrimination and hurting people's feelings.

    HOWEVER, on the other hand, I'd really like to see a state law in every state that says HOA rules and covenents must be reasonable in order to be enforced through the court system.
    Plenty of HOA's rules are either per se unreasonable (unreasonable on their face) or in many cases unreasonable as applied to particular people in specific circumstances.
     
    AtlPhilip likes this.

  3. OWM

    OWM Well-Known Member

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    I to am conflicted by issues such as this one, but I can't help but believe He was well aware of the restrictions and should abide by them. You made a good point in the last paragraph, but would that then open up the opportunity for folks to fly whatever flag or other yard ornament they wanted to.

    Excellent headline you would have a Bright future on the View.
     
  4. Clark

    Clark Well-Known Member

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    HOAs should have the same exposure as governments becuase that's essentially what they are.
     
    AtlPhilip likes this.
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    what does "same exposure" mean?
    If the HOA followed its own bylaws in passing the rule about flagpoles, I don't see how the rule would be unenforceable.
    Couldn't the government itself, in that city or county, also ban flagpoles above a certain height or within a certain distance of the street in your front yard? I think so.
    The government could do it with zoning and quality-of-life ordinances.
    Therefore a private HOA could do it, too.

    Free speech, you say?
    The government can infringe on that, as long as they allow reasonable alternatives for you to use to get your message out. There can be government-imposed restrictions on the TIME, PLACE, and MANNER of the speech, even though the government can't censor the CONTENT.
     
  6. Glockenator

    Glockenator Active Member

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    The way I deal with issues like this is to refuse to ever live under the thumb of any HOA.

    It's bad enough living in a small subdivision with nice idiots on one side, a complete tool (who happens to be retired Floridiot yankee cop and Marine with severe OCD) on the other side, weird and annoying people across the street, and a beotch diagonal to me who intentionally lets her dog run loose. But at least I don't pay a gestapo to tell me what to do. Maybe one of these days I won't be able to see any neighbors from my little house that happens to be in the woods on a nice few acres of property.

    Oh, and I too have conflicting opinions about the subject of this thread. He knew what he was up against, he bought into it, and he..........got his 15 minutes of fame. But I respect him too. What to think...what to think...?
     
    AtlPhilip likes this.
  7. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    :exactly::goodpost:
     
  8. moe mensale

    moe mensale Well-Known Member

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  9. a_springfield

    a_springfield Well-Known Member

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    Ga had a case a few years ago saying that the hoa can not ban the American flag.
     
  10. zetor

    zetor Gaston beat up John

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    I'm not conflicted and I think the title is pretty much spot on.
     
  11. OWM

    OWM Well-Known Member

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    Many years ago some of my family members and a friend or two thought I was crazy for buying some high ground surrounded by swamp. Had to build a road across some swamp into the high ground. Built a nice little house. All these years later they don't think I'm crazy.They want to buy it. Only one way into my place other than walking through the swamp. Someone comes down the road they are either expected or a potential target. No HOA. Want to step out on the deck and take a leak go ahead.Want to step out on the deck and let loose a couple hundred rounds go ahead. Want to put up a dozen flagpoles( I have one) go ahead. I wish everybody that wanted to could live in a place like this.
     
  12. Glockenator

    Glockenator Active Member

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    Sounds like my kinda place. I would be sure there were plenty of gators and cottonmouths in my surrounding swamp. :mrgreen:
     
  13. OWM

    OWM Well-Known Member

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    Plenty of both. Meet Fred He has been around for a few years. He ate a dog named Fred so we named the Gator Fred.
    Fred.jpg
     
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  14. Glockenator

    Glockenator Active Member

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    I would thoroughly enjoy seeing that every day. But I hope canine Fred wasn't yours.

    Ruh roh - dis thread done got Amtraked. Better get back to the HOA flagpole discussion.
     
  15. Rugerer

    Rugerer GeePeeDoHolic

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    :-D
     
  16. moe mensale

    moe mensale Well-Known Member

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    I agree. All property purchases, especially involving HOA, come with a plat map showing existing easements. All the guy had to do was stay out of the easement. And he can run two flags on one pole.
     
  17. AtlPhilip

    AtlPhilip Proud GCO member.

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    I think his point is that by being a attached to the deed and recognized by the state, they are no longer "private" and hence subject to ORA, sunshine laws, anti-discrimination, etc.

    Personally, I always lean toward less govt control not "tweaking" or expanding existing control that's causing problems. As such, I would like to see the covenants attachment to the deed eliminated. HOA control comes in the form of a contract signed at closing. If there is a breach, both parties settle it in civil court like any other contract.
     
  18. Clark

    Clark Well-Known Member

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    My point was more related to AtlPhilip's above rather than this specific case. Even our own supreme court has used the "duck test" or at least a variant thereof: if it's looks like a duck, walks like a duck, sounds like a duck, it's probably a duck. An HOA acts like government, about the only thing they don't do is conduct arrests (and I'm sure many would like to). They otherwise levy taxes, build and maintain infrastructure, levy fines, and create and enforce "laws." They are government, plain and simple.
     
    AtlPhilip likes this.
  19. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    There's one big difference. People voluntarily agree in writting to the regulations and fees set forth by an HOA. What contract did I sign with the U.S. government agreeing to having 34% of my income taken from me? When did I ever sign and agree to the regulations and restrictions placed upon my home and property by the state, county and city I live in? Where did I sign agreeing to pay property tax fees to the county, city and school board? I don't recall agreeing to any of it. OMG! I'm being coerced and extorted!
     
  20. AtlPhilip

    AtlPhilip Proud GCO member.

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    Understand, and agree somewhat. However, If the HOA is attached to your deed by CC&Rs you can agree to nothing and be obligated. That part is facilitated by government, which you did not agree to either.

    HOA should be 100% civil matter. If I sell my house and fail to get the buyer to sign the agreement, that is 100% between me and the HOA contract I agreed to. Even if they take everything I have, the buyer is still not obligated.