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Homeowners Assoc fines man $1K, threatens lein on home for flying flag in yard

Posted on 2/3/14 at 3:26 pm
Posted by Alahunter
Member since Jan 2008
90738 posts
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 by son of arlo
State of Innocence
Member since Sep 2013
4577 posts
Posted on 2/3/14 at 3:37 pm to
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 by Napoleon
Kenna
Member since Dec 2007
69047 posts
Posted on 2/3/14 at 3:42 pm to
HOA's suck.

Posted by thetempleowl
dallas, tx
Member since Jul 2008
14811 posts
Posted on 2/3/14 at 3:54 pm to
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.
Posted by DonChowder
Sonoma County
Member since Dec 2012
9249 posts
Posted on 2/3/14 at 3:58 pm to
quote:

HOA's suck.
Posted by Zach
Gizmonic Institute
Member since May 2005
112393 posts
Posted on 2/3/14 at 3:59 pm to
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 by kingbob
Sorrento, LA
Member since Nov 2010
66990 posts
Posted on 2/3/14 at 4:08 pm to
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 by willthezombie
the graveyard
Member since Dec 2013
1546 posts
Posted on 2/3/14 at 4:29 pm to
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 by weagle99
Member since Nov 2011
35893 posts
Posted on 2/3/14 at 4:31 pm to
If he signed a contract involving the HOA then he should abide by the language in that contract.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32196 posts
Posted on 2/3/14 at 5:25 pm to
quote:

If he signed a contract involving the HOA then he should abide by the language in that contract.


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.
Posted by mauser
Orange Beach
Member since Nov 2008
21409 posts
Posted on 2/3/14 at 5:34 pm to
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 by BigAppleTiger
New York City
Member since Dec 2008
10374 posts
Posted on 2/3/14 at 5:38 pm to
quote:

If he signed a contract involving the HOA then he should abide by the language in that contract.

Posted by Scruffy
Kansas City
Member since Jul 2011
71994 posts
Posted on 2/3/14 at 5:39 pm to
Why would anyone want to deal with a HOA?
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 2/3/14 at 5:41 pm to
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 by Y.A. Tittle
Member since Sep 2003
101232 posts
Posted on 2/3/14 at 5:41 pm to
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 by texashorn
Member since May 2008
13122 posts
Posted on 2/3/14 at 5:42 pm to
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 by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 2/3/14 at 6:02 pm to
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 by weagle99
Member since Nov 2011
35893 posts
Posted on 2/3/14 at 6:05 pm to
quote:

But does this violate the Constitution of the United States? Why


No. HOA isn't government.
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33844 posts
Posted on 2/3/14 at 8:42 pm to
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 by kywildcatfanone
Wildcat Country!
Member since Oct 2012
118872 posts
Posted on 2/3/14 at 9:07 pm to
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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