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Home Owners Association orders...


WWVaBeach

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I served on an HOA for 2 years, and there's a LOT of petty people living in these neighborhoods. Unfortunately, while it's easy to say, "Just don't move into a neighborhood with one," it's becoming very difficult to find houses that don't have associations of some sort. I understand their concept, but what happens is that the "normal" people don't want to put up the BS so don't go on the board, and the crazy control-freaks with nothing else to do get on the board and cause havoc. It sucks.

 

However, to play devil's advocate -- did he ever go and fill out the form to ask permission? If he didn't, then the HOA has the right to say no -- as it would be considered a liability issue if something happened to the pole (lightning rod, falls over and kills someone, etc), and the lawyers would sue the association, not the individual. If he did make the request and it was denied, then that's lame.

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BARFOOT, VAN T.

 

Rank and organization: Second Lieutenant, U.S. Army, 157th Infantry, 45th Infantry Division. Place and date: Near Carano, Italy, 23 May 1944. Entered service at: Carthage, Miss. Birth: Edinburg, Miss. G.O. No.: 79, 4 October 1944.

Citation:

For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.

 

And people tell this GREAT American that he can't fly the flag in front of his own home? He's earned the right. What a joke we're becoming. What ever happened to patriotism?

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I served on an HOA for 2 years, and there's a LOT of petty people living in these neighborhoods. Unfortunately, while it's easy to say, "Just don't move into a neighborhood with one," it's becoming very difficult to find houses that don't have associations of some sort. I understand their concept, but what happens is that the "normal" people don't want to put up the BS so don't go on the board, and the crazy control-freaks with nothing else to do get on the board and cause havoc. It sucks.

 

However, to play devil's advocate -- did he ever go and fill out the form to ask permission? If he didn't, then the HOA has the right to say no -- as it would be considered a liability issue if something happened to the pole (lightning rod, falls over and kills someone, etc), and the lawyers would sue the association, not the individual. If he did make the request and it was denied, then that's lame.

 

 

He doesn't need permission. The Freedom to Display the Flag Act provides that

 

"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."

 

I'd argue that even being asked to fill out a form would "restrict or prevent " the display. I'd go even futher and say that a flagpole in front of your two story townhouse that is less than the total height of the building is reasonable within the act (whereas an 80' pole in front of a 25' townhouse is not). Hell, if I had a VA law license, I'd take his case for free. Until I won on his behalf of course, then I'd bill the association my fees (based on my NYC law firm rates).

 

F*$# 'em.

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He doesn't need permission. The Freedom to Display the Flag Act provides that

 

"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."

 

I'd argue that even being asked to fill out a form would "restrict or prevent " the display. I'd go even futher and say that a flagpole in front of your two story townhouse that is less than the total height of the building is reasonable within the act (whereas an 80' pole in front of a 25' townhouse is not). Hell, if I had a VA law license, I'd take his case for free. Until I won on his behalf of course, then I'd bill the association my fees (based on my NYC law firm rates).

 

F*$# 'em.

 

The key phrase in the law is: "with respect to which such member has a separate ownership interest or a right to exclusive possession or use."

 

He can display the flag -- but the law says nothing about permanently installing a flagpole in land that he probably does not own. With all of the townhomes I've seen (including the one I live in), I do not have exclusive possession of the yard. Therefore, a flagpole can not be erected without permission.

 

Now I would think he should be allowed to do it - as long as he follows the proper procedure and the flagpole is safe - and if he asked permission and was denied, then it really sucks (and I could see that happening in my association now that I'm not on the board...).

 

Nothing's stopping him from putting it on his house; the issue is with the pole. But like I said, if he asked and was denied, screw 'em.

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The key phrase in the law is: "with respect to which such member has a separate ownership interest or a right to exclusive possession or use."

 

He can display the flag -- but the law says nothing about permanently installing a flagpole in land that he probably does not own. With all of the townhomes I've seen (including the one I live in), I do not have exclusive possession of the yard. Therefore, a flagpole can not be erected without permission.

 

Now I would think he should be allowed to do it - as long as he follows the proper procedure and the flagpole is safe - and if he asked permission and was denied, then it really sucks (and I could see that happening in my association now that I'm not on the board...).

 

Nothing's stopping him from putting it on his house; the issue is with the pole. But like I said, if he asked and was denied, screw 'em.

 

And what's stopping the gent from getting the by law changed?

Get enough homeowners to agree with his position, and put it up to a vote.

Change the bylaw, and everything else is moot.

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And what's stopping the gent from getting the by law changed?

Get enough homeowners to agree with his position, and put it up to a vote.

Change the bylaw, and everything else is moot.

Changing a bylaw requires 75% of the association to agree with it. Good luck getting 75% of the people to give a crap about anything, let alone something that doesn't even affect them.

 

It's sad, but true.

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I understand their concept, but what happens is that the "normal" people don't want to put up the BS so don't go on the board, and the crazy control-freaks with nothing else to do get on the board and cause havoc. It sucks.

 

So it's pretty much just like government. Got it.

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does he have the right to drive 75 in a 30 because he is a war veteran? the rules were probably pretty clear in the neighborhood covenances....they may be dumb rules, but that doesn't give anyone the right to disobey the rules, and a military person should be pretty good at following rules....not saying the rules are right, but you can't go through life ignoring rules that are in place...no matter what rank you are.....

 

BARFOOT, VAN T.

 

Rank and organization: Second Lieutenant, U.S. Army, 157th Infantry, 45th Infantry Division. Place and date: Near Carano, Italy, 23 May 1944. Entered service at: Carthage, Miss. Birth: Edinburg, Miss. G.O. No.: 79, 4 October 1944.

Citation:

For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.

 

And people tell this GREAT American that he can't fly the flag in front of his own home? He's earned the right. What a joke we're becoming. What ever happened to patriotism?

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Hows does one "WIN" the Medal of Honor? Is there a lottery?

 

You mean a Medal of Honor "AWARDEE"? Pleaase do not disrespect this man for being one of this countries true heroes.

:thumbsup:

 

You are absolutely right and I've edited the original post.

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Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it

 

 

Taking one Tiger on with a bazooka is worth a medal in itself, never mind three.

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BARFOOT, VAN T.

 

Rank and organization: Second Lieutenant, U.S. Army, 157th Infantry, 45th Infantry Division. Place and date: Near Carano, Italy, 23 May 1944. Entered service at: Carthage, Miss. Birth: Edinburg, Miss. G.O. No.: 79, 4 October 1944.

Citation:

For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.

And people tell this GREAT American that he can't fly the flag in front of his own home? He's earned the right. What a joke we're becoming. What ever happened to patriotism?

 

Guy lived a whole Rambo movie in one afternoon. Unreal.

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Guy lived a whole Rambo movie in one afternoon. Unreal.

 

No doubt, they should have released the prisoners so they could carry word of this Superman to their fellow soldiers. Who knows how many would have surrendered? Simply wow. :thumbsup:

 

Think I may sign up for Facebook.

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Can anybody read anymore. Even though I think they should just let him put the pole up, this has NOTHING to do with the flag. Absolutely nothing. They denied the flagpole. As big of a pain in the ass it is, chances are, if you go to the meeting and state why you would like the flagpole, you would be able to put one up. Especially if you display some sort of landscaping plan at the bottom of it, to please the control freaks.

 

But, this has absolutely nothing to do with this guy displaying his flag. The association didn't approve the pole to fly it from.

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Can anybody read anymore. Even though I think they should just let him put the pole up, this has NOTHING to do with the flag. Absolutely nothing. They denied the flagpole. As big of a pain in the ass it is, chances are, if you go to the meeting and state why you would like the flagpole, you would be able to put one up. Especially if you display some sort of landscaping plan at the bottom of it, to please the control freaks.

 

But, this has absolutely nothing to do with this guy displaying his flag. The association didn't approve the pole to fly it from.

 

I can read, I simply think this is ridiculous. The pedantic asses on the HOA could have simply understood what it meant to this man and voted on some sort of waiver in all likelihood. One would hope they weren't so incredibly shallow as to make the nonagenarian war hero apply for the right for a flag pole. Of course, you may not see that.

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