Indiana Homeowners Association insists flag pole with Old Glory come down

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Fern

Elite Member
Sep 30, 2003
26,907
173
106
So looking at that.

The only relevant limitation is:


So it seems that the HOA needs to prove that huge flagpole represents a threat to a substantial interest of the HOA. I'm not sure that's easily done.

+A for effort :thumbsup:

I imagine some court(s) has already defined "substantial interest" in this context since the law has been around for about 10 years.

I'm guessing the HOA has a problem. (Well, I know they have a problem given that the Prosecuting Attorney of the county is going to sue them. They'll be paying legal fees. Might be a new set of HOA board members by this time next year.)

Fern
 

Zodiark1593

Platinum Member
Oct 21, 2012
2,230
4
81
20th person to concur HOA's are for morons. Don't live in em. Go measure the height of your fescue Don't park in your own drive only your garage but since most of them are filled with Walmart junk you can park on the street making your cul-de-sac even more tight and useless.

Live in a city with rules that prevent cars parking on lawns and permits for major home projects but screw HOA's that a bunch of not picking BS

You know, I'd bet the more onerous HOAs are a vast minority that happen to be publicized by the media to get attention.
 

LegendKiller

Lifer
Mar 5, 2001
18,256
68
86
I live in an HOA and have no problem with it. They just don't want big flagpoes - mine doesn't either but that doesn't stop dozens of people from flying the flag from their house.
 

cuafpr

Member
Nov 5, 2009
179
1
76
just fyi on people saying don't like HOA's dont live in one... around where i live in SC its damned near impossible to get into a nice place without an HOA, and it sucks cause I refuse to live under one again.
 

Bitek

Lifer
Aug 2, 2001
10,647
5,220
136
just fyi on people saying don't like HOA's dont live in one... around where i live in SC its damned near impossible to get into a nice place without an HOA, and it sucks cause I refuse to live under one again.

Thank you for making this point. HOAs have almost become the default in any new development, esp as so much housing is now built by the big builders (Toll bros, DR Horton, etc).

The bland monochromatic neighborhood is preserved by HOAs to protect the brand image originally "imagined" by the builder.

It gets even harder to find townhomes w/o HOAs. I appreciate my time in one that solidified my mind to never live in one again.
 

nageov3t

Lifer
Feb 18, 2004
42,816
83
91
given that their objection isn't to the content of the flag but the flagpole itself, I feel like they're perfectly in the right to restrict this.

how is the owner's free speech being infringed on when he could just as easily hang the flag on his house as allowed by the rules?

if they allowed American flags but not POW/MIA flags, he might have more of a free speech argument.
 

LegendKiller

Lifer
Mar 5, 2001
18,256
68
86
Thank you for making this point. HOAs have almost become the default in any new development, esp as so much housing is now built by the big builders (Toll bros, DR Horton, etc).

The bland monochromatic neighborhood is preserved by HOAs to protect the brand image originally "imagined" by the builder.

It gets even harder to find townhomes w/o HOAs. I appreciate my time in one that solidified my mind to never live in one again.

No, it's because people don't want to live next to "that guy". Like the dude in WI that had his house raided. Fucking pallets and shit everywhere like a ghetto.

My parents had this asshole next door. He was lazy so what did he do? He planted a hundred trees all over his yard and then never had to mow again after he "let it go wild". Looked like shit and when my parents went to sell their house they had several lookers say "wow, we don't want to live next to that guy but we like the house".

That's why there are HOAs. Nobody wants that one fucker to cost them tens of thousands of dollars because he's a lazy or dirty fuck.
 

nageov3t

Lifer
Feb 18, 2004
42,816
83
91
No, it's because people don't want to live next to "that guy". Like the dude in WI that had his house raided. Fucking pallets and shit everywhere like a ghetto.

My parents had this asshole next door. He was lazy so what did he do? He planted a hundred trees all over his yard and then never had to mow again after he "let it go wild". Looked like shit and when my parents went to sell their house they had several lookers say "wow, we don't want to live next to that guy but we like the house".

That's why there are HOAs. Nobody wants that one fucker to cost them tens of thousands of dollars because he's a lazy or dirty fuck.

pretty much... don't like them -- don't move to an HOA-controlled development or join the HOA to change whatever rule you don't like.
 

Bitek

Lifer
Aug 2, 2001
10,647
5,220
136
No, it's because people don't want to live next to "that guy". Like the dude in WI that had his house raided. Fucking pallets and shit everywhere like a ghetto.

My parents had this asshole next door. He was lazy so what did he do? He planted a hundred trees all over his yard and then never had to mow again after he "let it go wild". Looked like shit and when my parents went to sell their house they had several lookers say "wow, we don't want to live next to that guy but we like the house".

That's why there are HOAs. Nobody wants that one fucker to cost them tens of thousands of dollars because he's a lazy or dirty fuck.


That's part of that. However there are many hoas that have very restrictive policies of what is allowed architecturely, it goes beyond just keeping your yard neat and tidy. (That's what the OP is running into.)

Rules on shingle styles and colors. Limited selection of siding styles and colors. Extra layers of bureaucracy if you want to modify your house with an expansion or other modification. Limits on landscaping options. limits on child play sets, trampolines treehouses, etc. What can park in your own driveway. It goes on and on. " Preserving the look of the neighborhood" is the common logic that goes into the covenant.

You don't truly own your house if you live in an HOA. That's fine if that's what you want. But in the end you are choosing to limit your own freedom in order to limit the freedom of your neighbors. Like I said, I find it odd that libertarians and other types rant about big government intrusion, but then feel very comfortable setting up the same systems in their own neighborhood. You could even say that your hoa fees are a tax under another name.

My parents have a home in an hoa as well. Plenty of years there to see how they run. The covenant rules are often used by a few busybodies in the development to complain about their neighbors, often anonymously. Board members are often retired people with nothing else to do, or the busybodies themselves that feel the need to enforce the rules and their ideas of what the neighborhood should be.

Great if you get good board members. If you get a lot of pricks, you are sol.
 

openwheel

Platinum Member
Apr 30, 2012
2,044
17
81
If they indeed sign the dotted lines when purchased that house. They should obey HOA rules or GTFO. Also, enough with the veteran sense of entitlement. Just because he served doesn't mean he hasn't gotten his share of respect or freebies.

In America we have freedom to move. No one is forcing them to live under HOA rules.
 

desy

Diamond Member
Jan 13, 2000
5,433
204
106
Flag Poles one day
Clothes lines, pink houses and chicken coups next

You know what you are in for moving into a HOA, period
 

bshole

Diamond Member
Mar 12, 2013
8,314
1,215
126
Bet you this guy's neighbors must love him now. Not only does he screw up the look of the place but now he suing all of his neighbors. If I lived in his neighborhood I would hire some thugs to kneecap the motherfucker. After a couple of trips to the hospital and I think he would get the message.

She said they wanted to show their devotion to the country and sense of community when they first put up the flags around July Fourth.

.....by spitting in the faces of all of our neighbors and suing them..... ROFLMFAO....
 
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dmcowen674

No Lifer
Oct 13, 1999
54,894
47
91
www.alienbabeltech.com
Bet you this guy's neighbors must love him now. Not only does he screw up the look of the place but now he suing all of his neighbors. If I lived in his neighborhood I would hire some thugs to kneecap the motherfucker. After a couple of trips to the hospital and I think he would get the message.



.....by spitting in the faces of all of our neighbors and suing them..... ROFLMFAO....

Have you've seen the flag pole? It look very nice. A whole lot nicer than the mounts on a building actually.
 

bshole

Diamond Member
Mar 12, 2013
8,314
1,215
126
Have you've seen the flag pole? It look very nice. A whole lot nicer than the mounts on a building actually.


Look at it this way. If your HOA had a covenant against giant statues of Jesus hung upside in huge jars of urine, would you be happy with a brand new resident installing such a statue and then suing you when you tried to make him remove it? What if later he admitted that he knew about the covenant before he bought the place and never planned to obey it? The douchebaggery involved here is of epic proportions! Like I said before, kneecap this motherfucker a few times..... it will clear up the picture drastically for him.
 
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dmcowen674

No Lifer
Oct 13, 1999
54,894
47
91
www.alienbabeltech.com
Look at it this way. If your HOA had a covenant against giant statues of Jesus hung upside in huge jars of urine, would you be happy with a brand new resident installing such a statue and then suing you when you tried to make him remove it? What if later he admitted that he knew about the covenant before he bought the place and never planned to obey it? The douchebaggery involved here is of epic proportions!

You really think a religious statue is the same as the Country's Flag?

You're sick, you should seek help.
 

bshole

Diamond Member
Mar 12, 2013
8,314
1,215
126
You really think a religious statue is the same as the Country's Flag?

You're sick, you should seek help.

Yes, yes, that was the point I was trying to make. I believe a religious statue is exactly the same as the American flag. Can't get anything past a bright penny like you can I..... LMAO!!!!!
 

LegendKiller

Lifer
Mar 5, 2001
18,256
68
86
That's part of that. However there are many hoas that have very restrictive policies of what is allowed architecturely, it goes beyond just keeping your yard neat and tidy. (That's what the OP is running into.)

Rules on shingle styles and colors. Limited selection of siding styles and colors. Extra layers of bureaucracy if you want to modify your house with an expansion or other modification. Limits on landscaping options. limits on child play sets, trampolines treehouses, etc. What can park in your own driveway. It goes on and on. " Preserving the look of the neighborhood" is the common logic that goes into the covenant.

You don't truly own your house if you live in an HOA. That's fine if that's what you want. But in the end you are choosing to limit your own freedom in order to limit the freedom of your neighbors. Like I said, I find it odd that libertarians and other types rant about big government intrusion, but then feel very comfortable setting up the same systems in their own neighborhood. You could even say that your hoa fees are a tax under another name.

My parents have a home in an hoa as well. Plenty of years there to see how they run. The covenant rules are often used by a few busybodies in the development to complain about their neighbors, often anonymously. Board members are often retired people with nothing else to do, or the busybodies themselves that feel the need to enforce the rules and their ideas of what the neighborhood should be.

Great if you get good board members. If you get a lot of pricks, you are sol.

Then by that definition you never truly own your house if you don't live in an HOA. If somebody can move in next to me and drop the value of my house like a rock, if not to $0, then who owns the house, him or me?

Imagine that fuckwit pallet guy moved in next door to you and trashed his yard. How many people do you think would want to move in next to that unless it's another trashy POS? None. Somebody could turn a $1mm house into a $100,000 one simply by trashing their house.

I have no problem with my board. I have to get my deck approved, my playset approved and any changes to the color of my house. So what? Most things take less than 24hrs and are pretty easy.