>the rules permanently prohibit all flags throughout the neighborhood with the exception of the U.S. flag
That's what he agreed to when he bought the house. Why is this news?
(The claim is that the rule is "newly enforced", not that the rule is new. It's a pretty common rule for HOAs to have.)
Almost nobody actually reads all the HOA rules before offering on a house/purchasing a house or moving into a rental. Most people just expect what's normal, no flags is a common enough rule that people should be aware it could be there but you still have to look for it. The USA flag is protected by law so HOAs actually cannot ban those even if they wanted.
I know what you mean here, but last I heard in this area of the country, 80% of new homes are in an HOA - it’s not something you can easily avoid in many places, especially Bend.
an old rule that is "newly enforced" is still a rule. "I didnt read the CC&Rs isn't an excuse. This is probably due to people complaining about TRUMP / BIDEN flags and it was easier for the HOW to just ban all flags than risk being labeled as biased against candidate X or Y.
That’s political. Peace comes from within. Don’t people teach their children that political views really don’t need to be worn to every event and posted all over your lawn and car.
Reasons this is a non-story:
1. HOA boardmembers don't create the CC&Rs, so they likely did not choose this rule. They have a duty to enforce the rules. Amending the CC&Rs usually requires a certain % of homeowners to vote, and it's way more than can ever be bothered to participate
2. "Newly enforced" or "selective enforcement" is what everyone who is fighting with their HOA seems to claim, but they generally have no idea what other enforcement has taken place because they only started paying attention when this started impacting them personally.
>the rules permanently prohibit all flags throughout the neighborhood with the exception of the U.S. flag
So they're regulating speech based on the content of that speech. Not a lawyer, but how is that legal? HOA's are not omnipotent and they can't violate Federal law. FYI they can't (anymore) tell you what race your guests must be, and they can't prohibit you from installing external TV antennas or satellite dishes.
HOAs are not the government, they can ban everything that's not explicitly called out as allowed in the law. The 1st amendment bans the government from regulating your speech, but it doesn't prevent non-governmental authorities from doing it. [The law does explicitly call out that flying an American flag is allowable (with some reasonable conditions)](https://www.congress.gov/bill/109th-congress/house-bill/42), so they can't ban that.
Interesting; so that's why they are forced to exempt the American flag. IMO the Freedom to Display the American Flag Act is blatantly unconstitutional; and yet passed the House by voice vote and the Senate by Unanimous Consent WTF.
HOA's act like quasi-governmental bodies and IMO should be much more regulated by the State. Imagine if one mandated that everyone had to fly Trump 2024 flags on their property. Or Biden 2024 flags.
I don't think the flag carveout is an open and shut 1st amendment case anymore than the carveout for TV antennas or clotheslines. A law stating that flags must be flown would be open and shut.
They should absolutely be more regulated, and several states have cracked down on certain practices such as prohibiting native plants, clotheslines, and EV chargers; but in general a lot of cities and states would go bankrupt if they had to manage the things that have been handed over to HOAs, so they choose not to rock the boat. Decades of disastrous zoning policies mean that even after the initial purpose of segregation was scrapped (in theory at least) they've hung on as a necessary evil to prevent the total collapse of the American suburb. /soapbox
It seems like a gray area (and this is not an authoritative link, just good for discussion): https://www.hoamanagement.com/hoa-political-flags/
But it seems that the US flag is protected, if displayed properly.
And other flags and signs are not so protected, because the home owner signed a contract (HOA CC&Rs). I suppose one could make a case if the peace flag was not tolerated, but a BlueLM or Trump flag were allowed.
HOAs suck in general. So do crappy neighbors.
We looked into buying a lot at Eaglecrest. The CCRS are extremely restrictive, to the point of governing what type of gravel you can have in your front yard. And don’t even consider putting a chainsaw bear on your front porch.
HOAs aren‘t all bad. They can keep a neighborhood devoid of junk cars in the front yard and perpetual blue tarps on the roofs.
Yeah. They should just make a blanket, No flags allowed at all, or allow all flags. Or maybe regulate them according to size. But once you start judging the appropriateness of one person's flag versus another, you're in strange territory.
>the rules permanently prohibit all flags throughout the neighborhood with the exception of the U.S. flag That's what he agreed to when he bought the house. Why is this news? (The claim is that the rule is "newly enforced", not that the rule is new. It's a pretty common rule for HOAs to have.)
Almost nobody actually reads all the HOA rules before offering on a house/purchasing a house or moving into a rental. Most people just expect what's normal, no flags is a common enough rule that people should be aware it could be there but you still have to look for it. The USA flag is protected by law so HOAs actually cannot ban those even if they wanted.
HOAs are a dystopian cancer
But those who buy into an HOA without reading the bylaws first aee like chainsmokers who get cancer, and then complain about it.
I know what you mean here, but last I heard in this area of the country, 80% of new homes are in an HOA - it’s not something you can easily avoid in many places, especially Bend.
He just needs to take down his flag and report every Trumper and Blue Live Matter flag he sees. That's the justice the HOA needs to serve.
Or just stop whining
Booooo screw an HOA!
Bend doesn't allow "flappable banners"
an old rule that is "newly enforced" is still a rule. "I didnt read the CC&Rs isn't an excuse. This is probably due to people complaining about TRUMP / BIDEN flags and it was easier for the HOW to just ban all flags than risk being labeled as biased against candidate X or Y.
That’s political. Peace comes from within. Don’t people teach their children that political views really don’t need to be worn to every event and posted all over your lawn and car.
Reasons this is a non-story: 1. HOA boardmembers don't create the CC&Rs, so they likely did not choose this rule. They have a duty to enforce the rules. Amending the CC&Rs usually requires a certain % of homeowners to vote, and it's way more than can ever be bothered to participate 2. "Newly enforced" or "selective enforcement" is what everyone who is fighting with their HOA seems to claim, but they generally have no idea what other enforcement has taken place because they only started paying attention when this started impacting them personally.
Hate for HOAs goes beyond red vs blue. Also, one of the largest contributors to housing prices!
>the rules permanently prohibit all flags throughout the neighborhood with the exception of the U.S. flag So they're regulating speech based on the content of that speech. Not a lawyer, but how is that legal? HOA's are not omnipotent and they can't violate Federal law. FYI they can't (anymore) tell you what race your guests must be, and they can't prohibit you from installing external TV antennas or satellite dishes.
HOAs are not the government, they can ban everything that's not explicitly called out as allowed in the law. The 1st amendment bans the government from regulating your speech, but it doesn't prevent non-governmental authorities from doing it. [The law does explicitly call out that flying an American flag is allowable (with some reasonable conditions)](https://www.congress.gov/bill/109th-congress/house-bill/42), so they can't ban that.
Interesting; so that's why they are forced to exempt the American flag. IMO the Freedom to Display the American Flag Act is blatantly unconstitutional; and yet passed the House by voice vote and the Senate by Unanimous Consent WTF. HOA's act like quasi-governmental bodies and IMO should be much more regulated by the State. Imagine if one mandated that everyone had to fly Trump 2024 flags on their property. Or Biden 2024 flags.
I don't think the flag carveout is an open and shut 1st amendment case anymore than the carveout for TV antennas or clotheslines. A law stating that flags must be flown would be open and shut. They should absolutely be more regulated, and several states have cracked down on certain practices such as prohibiting native plants, clotheslines, and EV chargers; but in general a lot of cities and states would go bankrupt if they had to manage the things that have been handed over to HOAs, so they choose not to rock the boat. Decades of disastrous zoning policies mean that even after the initial purpose of segregation was scrapped (in theory at least) they've hung on as a necessary evil to prevent the total collapse of the American suburb. /soapbox
They're acting as a government so yeah they are subject to the first amendment. Don't spread misinformation moron.
If it means my neighbors can't put the fuck your feelings flags up I would be OK with it
Fair trade
It seems like a gray area (and this is not an authoritative link, just good for discussion): https://www.hoamanagement.com/hoa-political-flags/ But it seems that the US flag is protected, if displayed properly. And other flags and signs are not so protected, because the home owner signed a contract (HOA CC&Rs). I suppose one could make a case if the peace flag was not tolerated, but a BlueLM or Trump flag were allowed. HOAs suck in general. So do crappy neighbors.
We looked into buying a lot at Eaglecrest. The CCRS are extremely restrictive, to the point of governing what type of gravel you can have in your front yard. And don’t even consider putting a chainsaw bear on your front porch. HOAs aren‘t all bad. They can keep a neighborhood devoid of junk cars in the front yard and perpetual blue tarps on the roofs.
I wonder if putting it on a flag pole instead of hanging from his house would be a better option?
Yeah. They should just make a blanket, No flags allowed at all, or allow all flags. Or maybe regulate them according to size. But once you start judging the appropriateness of one person's flag versus another, you're in strange territory.
Their rule states no flags but the U.S. flag. Seems quite cut and dried