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Today's Nuze

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

Nobody's listening.

LOCAL HOME OWNERS ASSOCIATION

By
Neal Boortz
@ March 16, 2009 8:34 AM
Permalink | Comments (55) | TrackBacks (0)

We are having a little HOA brouhaha here in the metro Atlanta area. A man by the name of Ron Tripodo spent $900 to install a 14-foot flag pole on his front lawn. Tripodo put the American flag on the pole, complete with landscaping and lighting.

Then the Bridgemill subdivision home owners association comes along and orders him to take down the flag pole. The rules of the HOA apparently stipulate that "you are not allowed to have any structure outside the framework of the home." But Tripodo refuses to remove the pole. The HOA is going to sue him for $25 a day for damages for every day the flag pole remains, on top of attorney's fees.

Know what? I'm on the association's side. He knew what the rules were when he moved in. If he wants to put a flag pole out there in his front yard ... move to an area where there is no homeowner's association and no restrictive covenants to abide by. Sorry to say it .. but this guy is being a jerk. He signed a contract ... he should be a man and live within its terms.



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What others are saying

  • HOA and American flag
    Every piece of American soil every inch should never have restricions to display those three beautiful colors. To those who think so. move out the country ill be glad to put an american flag up in your place. to remeber you by
  • Our HOA is doing the same to us...
    Our homeowner's association is doing the same thing to us and our neighbors...I think every home should fly the American flag with pride. How beautiful would that be to drive down your street and see every home proudly flying our flag? It's sad when a few think "they" know what's beautiful and it's not our American flag. We can hang it from a small stick on the side of our home, but not a beautiful pole with lights illuminating it to show our pride in our country with gives us our freedoms...except the freedom to fly our American flag from our flag pole.
  • no American Flags
    Well, lets boycott ALL properties and HOA's and whom ever else that have a "no US flag" clause. As Americans, let's say no flag no sale! For those who currently live in or own a home with a HOA rule barring the display of the US flag in the front yard or anywhere on the property, put your place on the market for sale and move, if you rent, do not re-new your lease, and then move.
    Those places will fill with anti-americans or go bellyup! Then we will know where the non-patriots are...
  • Flag pole - write your congressman
    Instead of writing your two cents here, write your congressman and ask them to pass an act just like Florida did this past summer with Senate Bill 1378. Ron would be in the clear then and frankly I think it is the right way to go about resolving this issue to put it to bed once and for all. This is what I did amd you should too!

    Senate Bill 1378 (Display of Flags). Senate Bill 1378 amends Florida Statutes Section 720.304 with respect to a homeowner's display of flags. The legislation allows a POW-MIA flag of limited size to be displayed, in lieu of one of the flags of branches of the armed services. The bill further allows a homeowner to install a flagpole no more than 20 feet high on such homeowner's parcel to display the United States flag (not larger than 4½ feet by 6 feet) and the official flag of the State of Florida or the United States Army, Navy, Air Force, Marines or Coast Guard, or a POW-MIA flag, which additional flag is equal in size to or smaller than the United States flag. The limitation that flags of the branches of the armed services may be displayed only on certain holidays has been removed.
  • Home Owners Associations
    I have to go with Neal on this one. I have seen HOA's run amok. I was president of one once & resigned when the rest of the board lost sight of doing things according to the rules.
    I fly my flags (US & Texas) from the front of the house. You sign a covenant or contract & you abide by it, just like AIG.
  • Clark Howard would hit the roof
    For paying $900 for that simple job. I would have done the same quality job for that price and made a profit of $700. Hell, I'll charge him that to take it down too!
  • HOA and flag pole
    If those are the rules and if it were me, I would make the pole part of the framework of the house, fly my flag and tell the HOA to bite me.
  • Install a flag bracket on the side of the house and hang the flag there. Surely they don't have strictures against that?
  • Why?
    Why do people feel they have the right to enter a contract, then, in the name of "patriotism" decide they have a right to break said contract then complain when they have to reap the punishment that goes along with that choice?

    He moved into an area controlled by a HOA. He chose to sign the contract. You want to erect a 14 foot flag pole in your yard? Lobby to have the rules changed.
  • flag pole
    Donald Trump went through something like this in Florida not long ago...

    However if I was the homeowner ( I live in this subdivision) I would erect the flag pole on the roof of my house complete with lights, Then I would get a even bigger flag and brighter lights. Then go tell these wanna be nazis to F-off
  • flag pole - write your Senator
    Write your Senator to change Georgia laws just like Florida did this this past summer. Reference Florida Senate bill 1378.

    "Senate bill 1378 and was signed into law by Florida Governor Charlie Crist on May 28, 2008 that allows a homeowner to display, in a respectful manner from that flagpole, one official United States flag, not larger than 4 1/2 feet by 6 feet. Additionally, the homeowner may 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. Any additional flag must be equal in size to or smaller than the United States flag."
  • Flag pole
    a Tampa Bay area family in Florida erected a flag pole to honor their son in the military and also for their grandfathers who also served. This brought attention to the state legislature and when there was enough people writing them that the state the legislation brought forth Senate bill 1378 and was signed into law by Governor Charlie Crist on May 28, 2008 that allows a homeowner to display, in a respectful manner from that flagpole, one official United States flag, not larger than 4 1/2 feet by 6 feet. Additionally, the homeowner may 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. Any additional flag must be equal in size to or smaller than the United States flag.

    So this shows that just because things are the way they are now does not mean that they cannot be changed. It is easier now that a precedent has been set by Florida.

    So you want to make a change? Then people start writing your state senators referencing the issue Ron Tripodo
  • Flag Pole
    I'm the wife of a 20+ year active duty soldier about to deploy again and we are as patriotic as they come. But when you agree to live in a neighborhood with HOA agreements, you know what you are getting into. When we have sold homes, the buyers get a few days to read over the rules and bail out of the contract if they want to. This homeowner could put a normal sized flag above his garage if he just wanted to show his patriotism. This is more about making waves than showing the flag.
  • HOA and the Flag pole
    Rules is Rules. This is why I'd NEVER live in an HOA-terrorist community. It works for a lot of people and more power to them. But for me, I want my flower beds made out of painted tires. I'll live under all those "no pets, no flagpoles, no deviation on window coverings, no pickups in the driveway, no not wearing underpants, no unapproved plant replacement rules when they cart me to the nursing home.
  • Flag Pole Redesign
    I hear ya Boortz but if I hadn't read your comments first I would have guessed that you would have suggested building a green house around the pole and attached to the house — HA!
  • Profoundly disagree
    I read your news site on a regular basis after school. I agree with you consistently on most points. But I respectfully change sides with you on this.

    People in charge of these associations typically are a bit power hungry. Trying to flex their muscles. I know, I clean the community pool for one. They get a power kick out of controlling people.

    However, look at what this person is being charged with "you are not allowed to have any structure outside the framework of the home." That could range from anything to a shed to separate garage. Is that neighborhood really clear of sheds and all possible examples that could fit into that definition? Most likely not.

    So this patriot, albeit goon, decides to hang a flag on a flagpole. But miss association owner, she doesn't like that. The site of someone patriotically praising their country instead of tributing her power Godess level, doesn't sit well with her. So she orders him to take it down. Man refuses. Now he's really crossed the line. Doesn't he know who she is? So she takes him through this silly ordeal.

    And sorry to say, but it sounds like a breach of some amendments I was hearing about one time when hanging a flag on a flagpole is against the rules. If this were anything but a flag pole to America, there would be no outrage. That's what I've been told is classified as a double standard. And I don't believe those should be allowed.
  • HOA
    Home Owners Associations are where retired union thugs go to have fun. Screw you Boortz. If I buy a house its my house. As long as I am not infringing upon your rights or health, I can do what I damn well please with my property. Your property value, or your perception of it, is not my concern. Libertarian my ass.
  • Structure? HOA Rights
    Wow... stop.

    1. I agree that HOA's are shameful, but if you agree to the terms; and assuming you have the ability to waive that right (some legal rights you can't waive) then you are stuck with it.

    Lets consider what a structure is - the HOA my define it some specific way - that could be problematic.

    Why not just fly the flag from a tree or bush? Or affix the flag pole to same?

    Also, if the electricity used to light the pole is coming from a wire attached to the house - and the wire first runs through the flag pole - then to a light placed on the ground in front of the pole, well isnt or wouldnt they be considered part of the same home structure? I mean, never mind that a person couldn't realy fit inside a flag pole, but wouldn't it be the same? Agumentatively?

    This is pretty silly, btw.
  • Flag Pole
    The home owner wants to show his patriotic views, so let him fly the American Flag in front of his home.

    The HOA can go suck wind for all I care.

    Sorry Neal, I have to disagree with you on this problem
  • HOA's SUCK
    HOA's should be illegal. You have township laws to deal with "structures" outside the home. Anything beyond township laws is plain harrassment.
  • Not everything is black and white Neal!
    I live in a neighborhood with an HOA, I did this on purpose, this is my first house and I elected to protect my investment. I also read the covenants before I purchased my house.
    What I did not read before purchasing my house was that the person placed in charge would be a vindictive $itch #ell bent on taking revenge on anyone that goes up against her. I had a disagreement with our HOA Manager and during the disagreement asked when we the home owners would be able to fire her. Subsequent to that argument I racked up $600 in bogus fines to my property. According to our covenants I am allowed 30 days to request a hearing to dispute my charges. Each and every fine was replied with a request for hearing, every one of which went ignored. With the full expectation that I would pay the fine. Things like tires in yard, bare spots in my hard.? Never have there been bare spots or tires in my yard.
    Long story short, letter from attourney to this wonderful lady did not get the fines erased, a call to her boss (property management company owner) and explanation that they are refusing to abide by the restrictions they are trying to enforce wiped all my fines away.
    So, no... I do not believe by default the HOA is innocent until I read all information with regard to the proceedings.
  • Up the flag pole
    Of course Neal would side with the HOA...he's a lawyer.
  • I feel for the guy.
    He may or may not have a right to fly his flag under the flag act mentioned earlier depending on ownership. If I lived in an HOA I would check with them AND the local building official FIRST and take it from there.
  • HOA going too far
    How anti-American is this homeowners' gestapo? How can an organization not allow a flagpole displaying the American flag?

    I see a lot of HOA followers saying that the HOA's are necessary to make sure everyone takes care of their property to prevent your precious property value from decreasing, but many of these organizations go way too far. My mother had an idiot from her HOA who would actually walk onto the homeowners' properties to make sure that there were no violations hidden behind trees or behind the fence in their backyards. Can you tell me how this act affects your property value?

    How does an American flag decrease your property value? If I were this guy, I would take down the flag pole and put a large redneck battle flag on my house.
  • Home Owners Associations
    HOA's were a good idea gone as bad as possible. They wind up being run by "Do it my way" and "You have to say 'Please mother may I'" types that just want to "mock mount" the homeowners and feel like they are in charge. Most of them couldn't lead a high school band. Just leave me ALONE!
  • Get Real
    This guy wants to buck the system and be different. Why did he move there in the first place? Can't have your cake and eat it too. They should up the fine. He just has to let everyone know he's the most patriotic guy on the block.
  • HOA
    I would never live somewhere with a HOA. It's just not worth it.
  • HOA stipulation
    Is this the same Bridgemill that allows fences and jungle gyms? Would those not be considered structures?
  • To: Ed
    Read that clause a little more closely. It says "property... to which such member has a SEPARATE OWNERSHIP interest or a right to EXCLUSIVE possession or use."

    Most homeowner association contracts do not recognize the land outside your actual home as "exclusively" yours or under a "separate" ownership.

    Depending on the wording of the agreement, this homeowner may not have a leg to stand on legally.
  • HOA's
    Okay you HOA guys rules are rules but they have to comply with the law. Many HOA's prohibit or restrict satellites but FEC says those prohibitions cannot be enforced.

    What if the convenients said no blacks?

    The flag issue falls in those categories so the HOA should clean up it's act.
  • HOA Flag pole
    The HOA Covenants are a contract that is signed at closing. If they say no free-standing flag pole, then his hands are tied...he signed the contract saying so. Nothing prevents him from putting a flag on the side of his house next to his garage or front door. The HOA isn't anti-American flag. It's pro-legally binding contract. Live by the rules you agreed to when you knowingly bought the house. You agreed to 'limit' your own property rights when you signed that contract.
  • Flagpole
    Sorry, Neal, completely disagree. The guy is not being a jerk, the HOA is. Flags are governed by different rules and he should leave it up. I agree with Mike's post. I fart in your general direction HOA. And Neal, while I often agree with you - you have elevated "Jerk" to a new level quite often - so careful. That's like Obama preaching about fiscal responsibility.
  • Don't like the rules?
    If you don't like the rules, don't agree to them first.

    The advantages of a HOA are there are rules. If they actually enforce them, even better.

    Nobody commenting here, unless they're holding an actual copy of the Bridgemill Subdivision HOA covenants in their hands and are referring to it, know what the details are in that particular subdivision regarding flag poles.

    Odds are he was required to ask permission, and didn't. He shouldn't be suprised they come knocking.

    Our subdivision here* has the exact same issue. They're unhappy that someone's got a big U.S. Flag on a huge pole in his front yard, but it's there, it's not going anywhere, and that's that.

    They can't prevent you from flying a U.S. flag, that's a constitutional right if I'm not mistaken, but they can probably prescribe how you can, and can't, do it.

    The HOA is most likely in the right to do this. Arm chair lawyers need to do a bit more research before complaining.

    *And it'll be the last HOA I ever live in if I can help it.
  • HOA's are NECESSARY
    I get sick of the HOA haters. If people had common sense, we wouldn't need them. At the least, who would take care of the commons area, the homeowners? Yeah, right. They can't even take care of their own property. My neighborhood is only 7 years old. Without the HOA, would would have semi's, people that never cut their grass, people that park in their grass, people that don't pressure clean their siding, and MUCH more. Trust me there are multitudes of people that don't have a clue how to maintain their property. You don't like rules, buy a house on five acres and you can do what you want. I'm glad to have a house in a neighorhood that HAS an HOA. I wouldn't buy a house in a neighborhood that doesn't. All you have to do is read the covenants BEFORE you buy. If you don't like them, go to another neighborhood that has rules you can live with.
  • The display of the US Flag
    The right to display the US Flag is protected by the "American Flag Act of 2005. (http://www.govtrack.us/congress/billtext.xpd?bill=h109-42). The act states the following in section 3:


    "SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.

    A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use."

    The HOA and Neal are wrong on this one.
  • HOA rules
    Run a spar from the pole to the house so it becomes "attached" and you solve the problem?
  • association rules
    I live in an association and I knew the rules when I moved in and it's not like anybody tried to keep it a secret. If he was unclear of the rules a simple call to the HOA could have cleared it up and he could have even gone through a process to work around the rules.

    You moved into an association where everybody else follows the rules, so don't be a jerk and ignore them.
  • HOA Rules
    I agree with Neal here. We had a similar situation in our neighborhood in NC. The guy applied to put it up, per our covenants, and was turned down, again per the covenant. He then got enough neighbors to sign a request to modify covenants. We did that at the next meeting and he got his flagpole. It was handled pretty well all around.
  • Prefering HOAs
    Why is so hard for Neal and some of his listeners to understand that some of us prefer to live in HOA communities? We prefer to protect our property values from some of the crazy stuff people like to do to their homes. If you want to do that type of thing or don’t want to seek approval before you do, do everyone a favor and don’t move into an HOA community, but don’t bash those of us who do, or those who serve. It’s a personal choice, (and I can still be a Libertarian) and we shouldn’t be called names and disrespected because of it.
  • Well then maybe he should just put the flag ON the house instead??

    Their definition of external structure is vague IMO.

    BTW..what if a resident of their little community becomes disabled in a way that would make them wheel chair bound, Would they fine a person for having a wheel chair ramp installed??
  • Flagpole
    Some Libertarian you are. What ever happened to the rights of the landowner? And since when is a flagpole a structure. Sounds like you have friends in the Bridgemill homeowners association.
  • HOA
    Most of the time I agree with you Neal. This isn't one of them. I believe the HOA has overstepped it's bounds in regards to the flagpole.

    I don't believe a flagpole is a "structure" any more than a basketball hoop or a mailbox is.

    I'm sure both sides will waste thousands of dollars on overpaid lawyers to argue about it though.
  • Commie N-Hood'
    I live in this commie infested upper class n-hood. I live in one the smallest homes in this Golf Development and let me say that 8 years ago at the community center eatery....folks introduced themselves by their address and not their name! This is an abomination and I am glad I am just a renter. Sorry Neil, I did it the right way and cannot afford to buy right now because business sucks for the honest man. This is the final reason why I will probably NOT buy this house.....No American Flag Allowed....I fart in your general direction HOA!
  • HOA's are power trips for small people. Having said that, I agree with Neal that one shouldn't complain about the rules when they move into such a place. You moved there knowing the rules so abide by them.

    Then, having said that, I do not see a flag pole being considered a "structure" (as someone else said, what's a free-standing mailbox or basketball goal called?). If the rule isn't specific, then I'd countersue the HOA for $26 a day.
  • Rules are rules, right?
    I think Neal's last sentence is the clincher here. HOAs exist for a reason, and people know about them before they move to that neighborhood. This guy made a choice to live there, under a HOA, and then signed a CONTRACT agreeing to abide by the rules - so why is there a problem? Abide by the rules, and there's no problem. Break the rules, and there is. Funny how that works, isn't it? BTW, basketball poles may not be allowed, mailboxes are required by postal service, and if you're arguing for him to be able to put up a flagpole, what does it do to the property values of his neighbors if he decides to put up one made of PVC and paint it in alternating hot pink and burgundy stripes? "He signed a contract ... he should be a man and live within its terms."
  • Pole is a structure?
    1. mode of building, construction, or organization; arrangement of parts, elements, or constituents: a pyramidal structure.
    2. something built or constructed, as a building, bridge, or dam.
    3. a complex system considered from the point of view of the whole rather than of any single part: the structure of modern science.
    4. anything composed of parts arranged together in some way; an organization.

    Is a pole a structure? I think not.
  • No HOA = Trailer Park
    I agree with Neal that the HOA is right in this instance, however... to say "move to an area where there is no homeowner's association and no restrictive covenants to abide by" is pretty much telling him to live in a trailer park. I don't know how it is in Atlanta, but in Kansas City, you can't find a decent neighborhood that would allow you to put up a flagpole in front of your house. He would either have to live in a piece-of-you-know-what neighborhood, or he would have to move to a rural area. Good neighborhoods with reasonable restrictions are impossible to find. So I sympathize with the man in that regard.
  • HOA's
    I will never live in a place that has people in authority trying to justify their pathetic existence by playing enforcement officer. Too many times they just try to justify themselves by nosing into everyone's business. A flag pole is not a structure but an idiot on a power trip is an idiot on a power trip and someone on the HOA needs to be spanked.
  • Flagpole
    He could also get his neighbors and friends (if he had any) to agree to modify the restrictions to exclude flagpoles. But I guess being angry at each other is easier. In my area (Virginia) most HOA rules are ignored. Hard to enforce rules on a foreclosed house.
  • a flag pole
    is a structure? Like a mailbox or basket ball goal? Please. Someone is grasping a straws to try to say this is why this guy can't have an American Flag flying on his property. What kind of communist neighborhood do you live in Neal?
  • flagpole
    I agree with you Neal. In my mother's gated community, the speed limit is 25 miles per hour. You are given all the rules of the community before you buy. When people are ticketed for going over 25, they get belligerent. Go figure...
  • Homeowner Association
    Sorry Neal but a flag pole is not a structure. It should be allowed.
  • What's a "structure"?
    Is there more to the rule then just that one quote? How are they defining a "structure"? A mailbox is also a structure outside the framework of the home. I agree that he signed the contract and should have to abide by the rules, but it seems they need to tweak that stipulation a bit. Sadly its another idiotic rule by an overreaching HOA.
  • HOA Nonsense
    I disagree with Neal on this. A flagpole is not a "structure" such as a deck or shed. This is why I would never live in a community with a HOA. They are a bunch of power-hungry punks who live to force people to do what they feel is best. A miniature form of government, no?
  • Home Owners Associations
    This is why I will NEVER live in a place that puts restrictions on what I do with my own property. I cannot believe people will get all up-in-arms if the government tells someone what they can do with their property, but then turn around and WILLINGLY sign away those same rights.

    Ignorance and stupidity are becoming the norm in America and it's going to ruin us.
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