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LOUD NOISES A place for political mudslinging, Pro/Anti legalization, gay marriage debate, Gun control rants, etc. If it's political, controversial, or hotly debated, it goes here. No regular Off-Topic stuff allowed. READ THE RULES BEFORE POSTING!


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Old 12-03-2009, 01:29 PM   #91
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I live in Henrico. I guess this is what he gets for fighting for our country.

This is a sad day.
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Old 12-03-2009, 01:37 PM   #92
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Originally Posted by DALAZ_68 View Post
remember your the one sayin for him to Move, the guy is 90, fought wars, and is a patriot of this country, really you think telling him to just move is a justifiable answer to this bullshit?
Um... He lived with the HOA for years apparently, its not like these proceedings are something new. I am sure in his 90 years of age he has seen numerous things (probably neighbors none the less) be subject to the same rules and changes. So yes... MOVE. People like you obviously don't understand patriotism. Flying a flag doesn't make you any more patriotic than anybody else, or someone who doesn't any less. I myself have a grandfather who served in WW II, is he any less patriotic because he doesn't want to display a flag on a 5 foot flag pole?

Quote:
if by low standards to you mean respecting and giving this gent one of the only pleasures he has left in his life by flying his flag up high...so be it..
does that help you understand him a bit more?
This has absolutely nothing to do with respect. I am 100% confident that he is a very respected member of the community and he has my respect also but that doesn't make him exempt to any type of rules.

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does this guy DESERVE the RIGHT to fly his flag on that fucking pole ? YES
simple answer is YES
He can hang the flag from the porch like EVERYBODY ELSE. Also I am happy you posted what exactly he had done, its a great read.
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Old 12-03-2009, 01:49 PM   #93
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I wish the HOA would have answered my phone call.

I wonder what his neighbors think about the situation.
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Old 12-03-2009, 02:00 PM   #94
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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.
Quote:
SEC. 4. LIMITATIONS.

Nothing in this Act shall be considered to permit any display or use that is inconsistent with--

(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.
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Originally Posted by cc4usmc View Post
Confuses me. It's like "They can't restrict that...but they really can"
See the bolded section above.

Please allow me to explain something. HOAs and covenants are extremely, extremely powerful. They can do just about anything as long as it is not illegal.

The pecking order goes like this:

US Constitution
Federal Law
State Law
Local Law
HOA/Convenant
Homeowner

An entity may overrule its subordinates, but must obey its superior.

So as long as as the HOA rules don't violate any law, the HOA can make you do anything. You don't legally own the land you live on. You live on your land at the HOA's whim, and they can evict you any time for any reason.

Read your HOA rider when you bought the house. If you don't agree to their rules, you can't buy the house. They can block sales, force sales, evict, repo, refurnish, or just anything else they want.

I have seen cases where millionaire athletes were evicted by the HOA for throwing too many parties after a long legal battle. It shows that even if you have money, HOAs are very powerful.

An example:

HOAs can make you do a backflip every time you enter your house and this would be legal. The Constitution doesn't say that it's illegal to do backflips, and federal/state/local law doesn't ban doing backflip in front of your house. So this rule would stick.

HOAs cannot evict black people. This violates federal anti-discrimination law. So this rule would be thrown out and cannot be enforced.


If you want to win the legal argument, the vet has to show why banning the flagpole is illegal under the Constitution, federal, state, or local law. He has to convince a judge that banning the flagpole is illegal.

Alternatively, the vet can run for the HOA himself and change the rules internally.

Either that, or just move. He has no other legal recourse under current US and Virginia law.
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Old 12-03-2009, 02:04 PM   #95
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Found a poll for the pole. lol
FOXNews.com - Should an American Hero Be Allowed to Fly Old Glory?

which side are YOU on?
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Old 12-03-2009, 02:11 PM   #96
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i will never move into a subdivision with a home owners' association. bunch of fucking shitheads.
my buddy's parents live next to this dude... he had a sailboat in his back yard, and the HOA made him move it off his property, so he put up a couple flagpoles behind his fence with sailboat sails on them, and then redid his yard and exterior of his house in a nautical theme. little rope fence around his front yard, lifesavers all over the fence, an anchor in the front yard, a huge lit sign over the garage that said "dry dock", and so on and so forth. and he's on the front corner lot of the subdivision, so anybody looking to buy a house in the neighborhood sees him first.
dude's a total asshole but it was really, really funny.
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Originally Posted by Sleepy240 View Post
Um... He lived with the HOA for years apparently, its not like these proceedings are something new. I am sure in his 90 years of age he has seen numerous things (probably neighbors none the less) be subject to the same rules and changes. So yes... MOVE. People like you obviously don't understand patriotism. Flying a flag doesn't make you any more patriotic than anybody else, or someone who doesn't any less. I myself have a grandfather who served in WW II, is he any less patriotic because he doesn't want to display a flag on a 5 foot flag pole?



This has absolutely nothing to do with respect. I am 100% confident that he is a very respected member of the community and he has my respect also but that doesn't make him exempt to any type of rules.



He can hang the flag from the porch like EVERYBODY ELSE. Also I am happy you posted what exactly he had done, its a great read.

I think this makes him more patriotic than anyone else. Just cause you served your country doesn't mean that you are patriotic ( no offense to your grandfather ). and flying a flag shows patriotism...where a patriotic man that doesn't have a flag shown i would call less patriotic since the passion for his country is shown "more" by the man with a flag displayed. my opinion obviously.
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Old 12-03-2009, 02:14 PM   #97
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I think this makes him more patriotic than anyone else. Just cause you served your country doesn't mean that you are patriotic ( no offense to your grandfather )
I agree. Military service is not the only way to honour your country.

There are many ways to serve your country, and military service is one of them.
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Old 12-03-2009, 02:25 PM   #98
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Originally Posted by Sleepy240 View Post
Um... He lived with the HOA for years apparently, its not like these proceedings are something new. I am sure in his 90 years of age he has seen numerous things (probably neighbors none the less) be subject to the same rules and changes. So yes... MOVE. People like you obviously don't understand patriotism. Flying a flag doesn't make you any more patriotic than anybody else, or someone who doesn't any less. I myself have a grandfather who served in WW II, is he any less patriotic because he doesn't want to display a flag on a 5 foot flag pole?

im pretty sure he did see others subject to said rules, but im also positive that none of them lived and did the same things for this country as he did

him flying the flag is a symbol of his patriotism...being told how to, is just plain wrong, especially with the back round this man has...



Quote:
This has absolutely nothing to do with respect. I am 100% confident that he is a very respected member of the community and he has my respect also but that doesn't make him exempt to any type of rules.
actions speak loader than words.



Quote:
He can hang the flag from the porch like EVERYBODY ELSE. Also I am happy you posted what exactly he had done, its a great read.
he isnt like everybody else...if the united states government can see that, why cant HOA...
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Old 12-03-2009, 02:34 PM   #99
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Found a poll for the pole. lol
FOXNews.com - Should an American Hero Be Allowed to Fly Old Glory?

which side are YOU on?
As of my vote: Total Votes: 42,808

97% in favor of Col. Van Barfoot.


Fuck you Home Owners Association.
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Old 12-03-2009, 02:40 PM   #100
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Originally Posted by ThatGuy View Post
As of my vote: Total Votes: 42,808

97% in favor of Col. Van Barfoot.


Fuck you Home Owners Association.

since your post....44,328 in favor! he's got mine
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Old 12-03-2009, 03:14 PM   #101
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Voted. Up to 50,316 total votes.

I posted the link on myspace and calguns.net. I'll post it wherever I can find a thread about this story.

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Thankfully people have begun to use common sense! This comment basically sums it up, something I was trying to get across earlier but I think your wording is better!
I pretty fucking sure that everyone against the HOA understands what is going on. This isn't about common sense, it's about having a fucking heart. You obviously don't have one, because you're the only one in this thread who wants to put his flag pole up his ass.

I've said it before and I'll say it again, you're a disgrace to this country. I believe that people like you are one of the reasons this country is going down the toilet. You'd be a perfect politician, and that's not a compliment.

Reply however you want to this, but I wont see it. /Ignore motherfucker.
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is this exhaust california friendly? thnx lmk
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Old 12-03-2009, 04:03 PM   #102
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That is just fucking pitiful what the HOA is trying to do. Absolutely pitiful. /spit on them
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Old 12-03-2009, 04:31 PM   #103
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Originally Posted by g6civcx View Post
So as long as as the HOA rules don't violate any law, the HOA can make you do anything.
What I don't understand about that law, is the first sections says they can't make you take it down. The second, however, says they can. I thought that bold text in the first section meant that a homeowner had exclusive rights to their flag/flag pole etc, much like a country does with their Embassy.
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is this exhaust california friendly? thnx lmk
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Old 12-03-2009, 04:47 PM   #104
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Originally Posted by cc4usmc View Post
What I don't understand about that law, is the first sections says they can't make you take it down. The second, however, says they can. I thought that bold text in the first section meant that a homeowner had exclusive rights to their flag/flag pole etc, much like a country does with their Embassy.
The way I understood it is you are free to display it, but if it doesn't fit a set standard or is not approved you will have to take it down with the option to display it in the approved manner.

It's a bad situation to be in and it looks very bad on the HOA simply because he's a veteran of such caliber. I'm glad he and his family are fighting against the HOA on this matter though.
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Old 12-03-2009, 04:52 PM   #105
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eh, I was never a fan of HOAs but if there is proven documentation in place that's state something like this can be prosecuted, than it's fair game.
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Old 12-03-2009, 05:04 PM   #106
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Voted for Col. Barfoot and wow the votes are pooring in.

Total Votes: 57,778 with 97% in favor of the Col.
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Old 12-03-2009, 05:08 PM   #107
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Let me add this to the discussion...

NO FLAG, NONE, should be flown ABOVE the United States Flag.

With that being said, is everyone in the neighborhood's porches the same height? If one porch happens to be higher, or has their "porch mounted pole" up higher, and they happen to be flying a flag for their favorite NFL team at the same time their neighbor is flying the US flag, only lower, then they are wrong. By Col. Van Barfoot having a full size flag pole is his front yard, he assures that the US Flag always get's the respect it deserves.

Does everyone else in the neighborhood remember to bring their flag in at dusk? If not, do they have a dedicated spotlight lighting the flag through the hours of darkness? If not, they are WRONG. Since Col. Van Barfoot, PROPERLY lowers his flag and PROPERLY folds it every evening at dusk, he is ensuring the Flag gets it's proper respect.

The Flag he offered his life in 2 DIFFERENT WARS to defend.




Yes, Home Owner's Associations can be good for keeping a decent neighborhood from looking bad because someone has 4 cars on cinderbloocks in their back yard. Or someone who leaves their Christmas lights up until February. However, on United States Soil, the National Ensign should NEVER be considered not "Aesthetically Pleasing".

FUCK YOU HOME OWNERS ASSOCIATION.
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Old 12-03-2009, 05:18 PM   #108
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Originally Posted by g6civcx View Post
HOAs can make you do a backflip every time you enter your house and this would be legal. The Constitution doesn't say that it's illegal to do backflips, and federal/state/local law doesn't ban doing backflip in front of your house. So this rule would stick.

HOAs cannot evict black people. This violates federal anti-discrimination law. So this rule would be thrown out and cannot be enforced.

.
Wouldn't the first part of the example be discriminatory against disabled people?

Its sad that this has to be an issue, but its good to see that this man is still fighting fights worth fighting. Don't worry too much people, I have a feeling he will win a fight that most people wouldn't win.
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Old 12-03-2009, 05:34 PM   #109
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I know someone that went through this with their HOA and federal law that was posted.

Basically he has to sue them in federal court citing this law. It not only covers the law but the furniture used to display said flag.

The only restriction would be any local zoning ordinances for safety. Also has to follow display rules(up at dawn and down at dusk or lighted).
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Old 12-03-2009, 05:36 PM   #110
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The only restriction would be any local zoning ordinances for safety. Also has to follow display rules(up at dawn and down at dusk or lighted).

dont forget not in the rain...
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Old 12-03-2009, 06:22 PM   #111
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The way I understood it is you are free to display it, but if it doesn't fit a set standard or is not approved you will have to take it down with the option to display it in the approved manner.
Which would render the law useless because the underlined is up to the very people the law is supposed to protect you from. Right?
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Old 12-04-2009, 12:22 AM   #112
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Let me add this to the discussion...

NO FLAG, NONE, should be flown ABOVE the United States Flag.

With that being said, is everyone in the neighborhood's porches the same height? If one porch happens to be higher, or has their "porch mounted pole" up higher, and they happen to be flying a flag for their favorite NFL team at the same time their neighbor is flying the US flag, only lower, then they are wrong. By Col. Van Barfoot having a full size flag pole is his front yard, he assures that the US Flag always get's the respect it deserves.

Does everyone else in the neighborhood remember to bring their flag in at dusk? If not, do they have a dedicated spotlight lighting the flag through the hours of darkness? If not, they are WRONG. Since Col. Van Barfoot, PROPERLY lowers his flag and PROPERLY folds it every evening at dusk, he is ensuring the Flag gets it's proper respect.

The Flag he offered his life in 2 DIFFERENT WARS to defend.




Yes, Home Owner's Associations can be good for keeping a decent neighborhood from looking bad because someone has 4 cars on cinderbloocks in their back yard. Or someone who leaves their Christmas lights up until February. However, on United States Soil, the National Ensign should NEVER be considered not "Aesthetically Pleasing".

FUCK YOU HOME OWNERS ASSOCIATION.
Said perfectly. The pole is only bare at night... When no one really cares. And really, does it look any "worse" than a street light pole? Probably not.
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Old 12-04-2009, 09:48 AM   #113
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This thread make me angry. I can't believe people in our own country have no respect for what they have. I really hope when this goes to court the judge looks at the HOA and spits on them.

Anyone have pictures of this guys house? and maybe the gentleman himself?

edit: just found pictures. thanks for the photo dalaz.
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Old 12-04-2009, 09:52 AM   #114
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This thread make me angry. I can't believe people in our own country have no respect for what they have. I really hope when this goes to court the judge looks at the HOA and spits on them.

Anyone have pictures of this guys house? and maybe the gentleman himself?
Photo of Medal of Honor Recipient Van Barfoot
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Old 12-04-2009, 10:59 AM   #115
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eh, I was never a fan of HOAs but if there is proven documentation in place that's state something like this can be prosecuted, than it's fair game.
Laws should mean nothing if they don't represent the views of the people.
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Old 12-05-2009, 04:21 PM   #116
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So hes been doing this flag ceremony for how many years living under HOA and nowwwww they want it down?

I would like to know who the new board of directors are or whomever is now in charge of the HOA for this.
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Old 12-05-2009, 05:33 PM   #117
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This is completely outrageous.

I cannot even begin to fathom this level of stupidity and disrespect on the part of the Home Owners Association.

Fuck your Home Owners Association!

ILOVELOVE HOA!

but they should read the rules before anything.

my neighbor has a flag pole and a flag aslong as its not bigger then the first story of the house its fine, then again every HOA community is different.
And get consent from other neighbors for it to be ok.

I bet non of you have ever lived in a gated community?

but it is wrong to do that to soldiers that have fought for our freedom.
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Old 12-05-2009, 07:02 PM   #118
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So which side are you on?
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Old 12-06-2009, 03:51 AM   #119
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So which side are you on?

Idk you tell me ...


like i said i like HOA cus it doesnt turn communitys into ghettos.

but its not right to disrespect soldiers.

like I said my neighbor has a flag and a pole. so I dont know y they are giving this guy such a hard time.
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Old 12-06-2009, 10:17 AM   #120
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Because his flagpole is better than everybody else's.
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