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View Full Version : Another lame decision by an HOA



Denver Native (Carol)
11-20-2007, 01:51 PM
http://www.9news.com/news/article.aspx?storyid=81303

HOA says mother of fallen soldier has to take down flag

AURORA - Mary Sims lives at the Strawberry I at HeatherRidge. On her front porch she flies a U.S. Flag. Her son Ryan died while serving in Operation Iraqi Freedom two years ago and her husband is currently a civilian worker with the Department of Defense stationed in Iraq.

"That flag is for them, for everyone that came before, that there are now and will come after," said Sims.

She calls it a patriotic display. Last Friday, her homeowners' association sent her a notice telling her that the display violates the HOA's rules and regulations. The notice stated that the flag, which is placed on a "common element," is not allowed. It continued on to say that Sims could place the flag in her window or on the balcony. Sims refused.

"I don't think they have right to tell me where to hang my American flag," said Sims.

According to Colorado state law, a person's right to display the U.S flag shall not be infringed "anywhere on an individual's personal or real property." State law though, does make some exceptions when it comes to personal displays of the flag.

According to the law "an owners' association, the state, or a political subdivision may adopt reasonable rules and regulations regarding the size, number, placement, manner of display, and lighting of the flag, and the location, size, and height of flagpoles."

The "reasonable rules and regulations" is something Sims says is very much a grey area.

"What is within reason? What does that mean?" she asked.

Sims says she is the victim of a selective enforcement. She says if a flag constitutes an alteration to her "common element," in this case the porch, then the wind chimes which also hang from various front porches in the subdivision should also be deemed violations.

"I really don't know what the problem is. I have a flag hanging to support our troops and they want me to move it," said Sims.

9NEWS requested interviews with members of the HOA's board. Our call was not returned. Sims has been flying the flag since July. She was notified that it had to be moved by November 16. If she gets a second notice of violation, she could face a $100 fine.

"I've sacrificed my son, my husband and now they want me to sacrifice my flag? Not going to do it," said Sims.

OB
11-20-2007, 02:18 PM
I'll send her the $100 for the fine

Big nasty words to all those in that HOA - and they dont even have the nads to come out publicly to defend their asinine position

Thats why I want a house with at least 4/5 acres - NO NEIGHBORS - except the horse I plan on having there one day :salute:

Nomad
11-20-2007, 02:19 PM
We lived in an HOA when we lived in Graham, Wa. It was just starting and not all the rules were set in place. I would fly my American flag and BRONCOS flag year round. We lived there for 2 yrs before getting stationed here in NODAK. But I talk to old neighbors every now and then, and now you can't fly any flags. Hell, they even have the dandelion committee, where if you have more than 10 in your yard you get written up. Ridiculous!!!!

I know the purpose of HOA's but sometimes they go overboard!

KCL
11-20-2007, 02:56 PM
Our neighborhood has a HOA. They don't have a problem with
anyone displaying a flag.We have had ours displayed for several
years now without any problem.

Alot of people in my neighborhood have been displaying flags for
quite awhile now.I like seeing them.It makes me feel good.

And shame on that HOA for these ridiculous rules.:tsk:

Watchthemiddle
11-20-2007, 03:01 PM
If I were her, I would make them enforce the stupid wind chimes. And why they are at it, enforce the yards that have ONE leaf in the yard. Make them rake it up.

ALso enforce the houses that need to wash their windows. And if this community is flying flags at the entrance to their community to display their name, those need to come down.

This is the most rediculous story I have ever read. I am ashamed that its in an HOA in my city.

I am glad the news got a hold of this. :mad:

OB
11-20-2007, 03:04 PM
If I were her, I would make them enforce the stupid wind chimes. And why they are at it, enforce the yards that have ONE leaf in the yard. Make them rake it up.

ALso enforce the houses that need to wash their windows. And if this community is flying flags at the entrance to their community to display their name, those need to come down.

This is the most rediculous story I have ever read. I am ashamed that its in an HOA in my city.

I am glad the news got a hold of this. :mad:

Go find out who the pres of the HOA is where they live and egg and toliet paper their house :D

SR
11-21-2007, 03:07 AM
Those people need to research the "Freedom to Display the American Flag Act" which was passed in Congress and signed by the President sometime in the summer of '06.

Some of you may remember the articles I posted a while back about my friend Kevin Capito in Utah when this happened to him.

Simple Jaded
11-21-2007, 03:38 AM
I'm not surprised.

Is there anything more Un-American than a home owners association?

We had an HOA tell us that we had to repaint our house because the next door neighbors painted their house without getting their paint OKed first, and it was too close in color to the paint on our house.

Instead of making the people who didn't get their paint OKed repaint their house, they made us repaint ours....The reason being their paint was newer!!!

We had just painted our house the summer before.

My point is, HOA's are communists......

Poet
11-21-2007, 10:14 PM
This just enforces my belief that stupid people need killing....


Ok, all jokes aside that is disgusting. She wants to display the flag of HER COUNTRY!