There is a federal law protecting your ability to fly the American flag which would trump any HOA, local, state laws.
"Your right to display the United States flag is protected by federal law. The “Freedom to Display the American Flag Act of 2005” makes it illegal for an HOA to restrict owners from displaying a U.S. flag."
Unless they sighted a safety reason (fire hazard, near power lines, etc) , or something similar, tell them to pound sand.
This might apply to HOAs where you actually own the property and have an interest in the HOA, but this may not apply to appartment complexes where you are only renting and not given full rights to the property.
I'm not sure what the case law on this says or if that difference is already spelled out. But I'd make sure I understood that first before taking any action.
It may even be the most effective route as well. Most property management companies have a solid law firm in their corner, but moving the 'case' to the court of public opinion removes their protections and puts you in charge.
Yeah, but if you send back a formal letter with that code section cited and quoted and tell them that you're not taking it down and if they fine you they should send the letter to your attorney at <INSERT ADDRESS> since he will be handling any further communications regarding the issue, they will stop bothering you. They don't want to get into a legal dispute, they just want to bully him.
Possibly. Since the post mentions that this is a rental the law does not apply. But they still may not want to go through the hassle of court to prove that they fine is valid. But they could certainly evict for violating the lease.
Only if kn a pole and a few other stipulation. If its just a weatherproof flag on a stick leaning off your porch awning or side of the house it doesn't need lighting iirc
LOL ask your neighbours if they are offended and if not ask them if it would be ok to pay for and place a similar flag on their property's to make a point.
Im not trying to be a dick, but if you agreed to something and they just decided to enforce it, you got lucky for a long time. If there's nothing in the lease that covers this, fuck'em. Send the fine back with a copy of the lease and tell them that any further contact regarding the matter will be considered harassment.
The agreement probably says something generic about not displaying offensive materials, and is only now being interpreted to include the flag because someone complained.
Stupid landlords siding with the people that don’t believe in private property and want to abolish rents. Sue their asses for emotional harm, misgenndering you and accuse them of all sorts of trivial shit that normal people are constantly accused of by the lunatics. Fight fire!
WIN WIN WIN, keep flying her and take em to court!
Start being a thorn in their side and call and complain about everything, dog barking, birds chirping, rain is too loud on your windows, you can hear your neighbors, HOA’s are asshoes!
Sure, you can do it, but just be prepared to move. The new tactic of apartment complexes isn't to evict but to simply give a notice of non renewal 60 days out. That way they don't open themselves up to a lawsuit and there's nothing you can do. You'll never prove in court that they retaliated against you
There is a federal law protecting your ability to fly the American flag which would trump any HOA, local, state laws.
"Your right to display the United States flag is protected by federal law. The “Freedom to Display the American Flag Act of 2005” makes it illegal for an HOA to restrict owners from displaying a U.S. flag."
Unless they sighted a safety reason (fire hazard, near power lines, etc) , or something similar, tell them to pound sand.
Yep. Countered my HOA because they tried to sue me for flying the US flag 6 years ago.
I won.
Then they tried again and I countered again for flying the Texas flag.
I won again.
Now, I have no HOA dues because that was part of my counter and got lawyer fees and paid out twice.
Their reason both times? It's offensive.
The "no HOA dues" counter was brilliant!
Copied and saved for HOA Karens. Thanks pede.
NAL, but use this with caution.
This might apply to HOAs where you actually own the property and have an interest in the HOA, but this may not apply to appartment complexes where you are only renting and not given full rights to the property.
I'm not sure what the case law on this says or if that difference is already spelled out. But I'd make sure I understood that first before taking any action.
Figured that might be the case. Property rights shouldn't take back seat to 1st or 2nd amendment rights.
This fine still upsets me, and making a stink about it and causing a PR nightmare for the complex is still well within our rights.
It may even be the most effective route as well. Most property management companies have a solid law firm in their corner, but moving the 'case' to the court of public opinion removes their protections and puts you in charge.
I don't see anything in the act stating this.
The can ask you to take it down, they have zero right to charge you (not legal advice lol)
Unfortunately, in this case they might have that right if you signed a lease agreement for the rental unit that outlined the rules of the complex.
A HOA is basically the smallest most local government. Same shit, different asshole.
yep, avoid them if you can and get involved with them if you can't avoid them.
It just says residential property.
Yeah, but if you send back a formal letter with that code section cited and quoted and tell them that you're not taking it down and if they fine you they should send the letter to your attorney at <INSERT ADDRESS> since he will be handling any further communications regarding the issue, they will stop bothering you. They don't want to get into a legal dispute, they just want to bully him.
Possibly. Since the post mentions that this is a rental the law does not apply. But they still may not want to go through the hassle of court to prove that they fine is valid. But they could certainly evict for violating the lease.
Thanks. OP, get a lawyer, have them send a letter.
Sounds like it's time for a bigger flag!!!
... new and improved with illumination for the nighttime hours!!!
Absolutely
It's only offensive if it isn't properly illuminated at night, according to the Flag code.
Only if kn a pole and a few other stipulation. If its just a weatherproof flag on a stick leaning off your porch awning or side of the house it doesn't need lighting iirc
LOL ask your neighbours if they are offended and if not ask them if it would be ok to pay for and place a similar flag on their property's to make a point.
If they say yes, they're offended... double win, now you know who the assholes are.
+1 to the "time to get a bigger flag" comments. Do it.
Not as offensive as the big "Go fuck yourself" flag that's gonna be flying tomorrow.
Tiger King has entered the chat
Does the lease agreement you willingly entered in to say anything about what you can and cant have on your balcony?
Im not trying to be a dick, but if you agreed to something and they just decided to enforce it, you got lucky for a long time. If there's nothing in the lease that covers this, fuck'em. Send the fine back with a copy of the lease and tell them that any further contact regarding the matter will be considered harassment.
The agreement probably says something generic about not displaying offensive materials, and is only now being interpreted to include the flag because someone complained.
Dont you dare take the flag down to appease commies.
Wth
call the news and local conservative radio.
Fly your flag proud pede
https://www.snopes.com/fact-check/trump-maralago-flagpole/
Obviously screw snopes. But you know what it means when even they have to admit something
Sue them.
Lawsuits work.
Write them a note and tell them you are offended that they are infringing on people's rights and demand 500
Stupid landlords siding with the people that don’t believe in private property and want to abolish rents. Sue their asses for emotional harm, misgenndering you and accuse them of all sorts of trivial shit that normal people are constantly accused of by the lunatics. Fight fire!
WIN WIN WIN, keep flying her and take em to court! Start being a thorn in their side and call and complain about everything, dog barking, birds chirping, rain is too loud on your windows, you can hear your neighbors, HOA’s are asshoes!
Put an ISIS flag out there then.
https://thedonald.win/p/GcGy5TuN/
Sounds like a violation of property rights and a lawsuit for you.
Time to paint your house like Old Glory!
Tell them you'll be more than happy to take yours down after the rest of the country does.
Sure, you can do it, but just be prepared to move. The new tactic of apartment complexes isn't to evict but to simply give a notice of non renewal 60 days out. That way they don't open themselves up to a lawsuit and there's nothing you can do. You'll never prove in court that they retaliated against you
Where is this happening?
Use the ticket to burn the flag? 🤷🏽♂️
What would that accomplish?
Sorry, it was a bad joke. I meant it that the landlord would want the flag burned like a cuck
Ha, ok. Not bad, just missing context