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Message
Homeowners Assoc fines man $1K, threatens lein on home for flying flag in yard
Posted on 2/3/14 at 3:26 pm
Posted on 2/3/14 at 3:26 pm
quote:
Controversy is brewing between a Palm Coast man and his homeowners association after he said they told him to remove a flag from his own backyard or else pay a hefty fine. The flag is for the Wounded Warrior Project, an organization designed to help the nation’s heroes.
Thomas Bagnoli lives in the Grand Haven community of Palm Coast, just a few miles from Palm Coast Parkway. Despite all of this, he said he’s not budging.
Bagnoli said the hefty fine is $1,000 If that wasn’t enough, he said he received another notice later on saying if he didn’t take it down after two months, there would be a lien on his house.
The flag has been up for about a year, hanging underneath an American flag, and Bagnoli said he was told it’s against the rules. But he said he doesn’t care, the flag is staying put.
“I get angry. I really do. I don’t understand why,” he said. “They say, ‘Sorry, you have to take it down.’ I refuse to. Their punishment for me is a $100 per day fine for 10 days, with a maximum of $1,000.
Bagnoli said he’s lived in the Grand Haven community for 13 years and up until now there haven’t been any problems. He said the flag went up a year ago, so he’s already met that $1,000 max.
In another notice, Bagnoli said he was told he could fly flags for the armed forces, as well as prisoner of war and missing in action flags, but not one for the Wounded Warrior Project.
LINK
I understand why people want HOA's, but it's ridiculous the lengths some go to.
Posted on 2/3/14 at 3:37 pm to Alahunter
He should buy a nice Peavy amp to wake the whole neighborhood up to the National Anthem when he hoists the colors at daybreak, and then Taps when he retires the colors at sundown.
Posted on 2/3/14 at 3:54 pm to Napoleon
It is just demonstrating how stupid people can be. At this point the HOA has backed itself into a corner and will likely prosecute the guy as far as they can go.
Unless someone can figure out a way for the HOA to win this one and still let the guy fly his flag.
Unless someone can figure out a way for the HOA to win this one and still let the guy fly his flag.
Posted on 2/3/14 at 3:59 pm to Napoleon
quote:
HOA's suck.
Yep. I've seen them in action. It's frightening what happens when you give ordinary people power. That's why I moved to the woods.
Posted on 2/3/14 at 4:08 pm to Alahunter
If you don't want to have to deal with an a-hole HOA, don't buy a home in a neighborhood with an a-hole HOA, and certainty don't sign a HOA contract with provisions you don't agree with. The HOA is being ridiculous, but if there was a provision forbidding flags of any kind in his HOA agreement, and he signed it, the HOA is still, sadly, in the right, at least legally.
Posted on 2/3/14 at 4:29 pm to Alahunter
quote:
Homeowners Assoc fines man $1K, threatens lein on home for flying flag in yard
HOA's suck but he did sign the contract. It is like that episode of DD where JAse gets in trouble for burning leaves in his driveway.
quote:
“I get angry. I really do. I don’t understand why,” he said. “They say, ‘Sorry, you have to take it down.’ I refuse to. Their punishment for me is a $100 per day fine for 10 days, with a maximum of $1,000.
Bagnoli said he’s lived in the Grand Haven community for 13 years and up until now there haven’t been any problems. He said the flag went up a year ago, so he’s already met that $1,000 max.
In another notice, Bagnoli said he was told he could fly flags for the armed forces, as well as prisoner of war and missing in action flags, but not one for the Wounded Warrior Project.
I would say freak and fly it anyway if a $1,000 was the max fine. I would also go around and get support to change the rule.
Posted on 2/3/14 at 4:31 pm to Alahunter
If he signed a contract involving the HOA then he should abide by the language in that contract.
Posted on 2/3/14 at 5:25 pm to weagle99
quote:HOAs and protective covenants are good and bad but agree that if the language is there, it's on him for screwing this one up. I bet if his neighbor wanted to put up some 4 ft dog wire and run a few goats in his front yard, he would be glad he had the covenants to get rid of the goats.
If he signed a contract involving the HOA then he should abide by the language in that contract.
Posted on 2/3/14 at 5:34 pm to weagle99
quote:
If he signed a contract involving the HOA then he should abide by the language in that contract.
I agree, but I'm also amused that the big mouths in HOAs are always petty tyrant pricks who just love to tell people what to do.
For entertainment late at night just move the Yard of the Month sign to an undeserving yard, sit back, and watch.
Posted on 2/3/14 at 5:38 pm to weagle99
quote:
If he signed a contract involving the HOA then he should abide by the language in that contract.
Posted on 2/3/14 at 5:39 pm to BigAppleTiger
Why would anyone want to deal with a HOA?
Posted on 2/3/14 at 5:41 pm to kingbob
quote:
If you don't want to have to deal with an a-hole HOA, don't buy a home in a neighborhood with an a-hole HOA, and certainty don't sign a HOA contract with provisions you don't agree with. The HOA is being ridiculous, but if there was a provision forbidding flags of any kind in his HOA agreement, and he signed it, the HOA is still, sadly, in the right, at least legally.
I agree.
But does this violate the Constitution of the United States? Why are people allowed to fly POW/MIA flags but not wounded warrior flags? Seems like they are regulating the content of speech, rather than merely regulating the method by which it is delivered.
Posted on 2/3/14 at 5:41 pm to Diamondawg
quote:
I bet if his neighbor wanted to put up some 4 ft dog wire and run a few goats in his front yard, he would be glad he had the covenants to get rid of the goats.
I live somewhere with no HOA covenants, and I've not spent a single waking moment worrying about such things.
It's funny how that is.
Posted on 2/3/14 at 5:42 pm to mauser
quote:
I agree, but I'm also amused that the big mouths in HOAs are always petty tyrant pricks who just love to tell people what to do.
There is (usually) low participation in HOA governance.
In other words, if folks have a problem with the HOA to which they agreed to by contract, then run for office and change things instead of bitching after the fact (an American tradition).
Posted on 2/3/14 at 6:02 pm to Y.A. Tittle
quote:
I live somewhere with no HOA covenants, and I've not spent a single waking moment worrying about such things.
There's no HOA in my neighborhood but I live in a city where a lot of the crap HOA's might regulate is already regulated. Are you in a city or in a rural area? Obviously out in the country there is less need, too. If your nearest neighbor is 1/4 mile down the road who cares if he's got a clunker in the yard?
Posted on 2/3/14 at 6:05 pm to SpidermanTUba
quote:
But does this violate the Constitution of the United States? Why
No. HOA isn't government.
Posted on 2/3/14 at 8:42 pm to Alahunter
I find it funny that an HOA was formed where my white trash brother lives. This was done after he moved there and he didn't sign anything. They hate his trash and cars he has in his yard. I usually hate it to but when it bothers the HOA it makes me happy. As far as I'm concerned, I paid too much for a house for some jack arse to come tell me I can't fly my LSU flag.
Posted on 2/3/14 at 9:07 pm to Alahunter
This is where we are in America today. It's quite sad to see a great nation deteriorating before my eyes.
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