HOA vs. American Flag on flagpole

[PresidentAdams]

What is the name of your state? KY

I want to install a flagpole to fly the United States flag in my front yard.

HOA Deed of Restrictions says, "No building, fence, wall, structure, or other improvement... shall be erected, placed or altered on any lot until the construction plans... shall have been approved in writing by the... association."

Letter from HOA liaison says flagpole is a structure.

KY law says:
KRS 2.042 2.042 Right to display United States flag at a person's residence.
Notwithstanding any agreement or restrictions contravening a person's right to display a flag, that person may display a flag of the United States which is no larger than two (2) feet by three (3) feet from the person's residence, regardless of whether the person owns or leases the residence, provided that the flag is displayed in such a manner as is deemed proper by state or federal law, including 36 U.S.C. secs. 173 et seq. Any agreement contravening this right shall be void and unenforceable in any court of the Commonwealth. No person shall discriminate or retaliate against a person who properly displays the flag of the United States in conformity with this section and not in contravention of any other statute or administrative regulation directly regulating the flag's display. This section shall supplement, and not limit or abridge in any manner, the right of persons to otherwise display the flag of the United States.

My Senator says:
You may fly a flag from your residence. According to our staff, you may need a court decision to determine if they can stop a flag pole. Or- you could erect one and let them do the court work.

What's the best course of action?

Steve
[email]Steve@PresidentAdams.com[/email]
[url]www.PresidentAdams.com[/url]

[HappyHusband]

Originally Posted by PresidentAdams

What is the name of your state? KY

I want to install a flagpole to fly the United States flag in my front yard.

HOA Deed of Restrictions says, "No building, fence, wall, structure, or other improvement... shall be erected, placed or altered on any lot until the construction plans... shall have been approved in writing by the... association."

Letter from HOA liaison says flagpole is a structure.

KY law says:
KRS 2.042 2.042 Right to display United States flag at a person's residence.
Notwithstanding any agreement or restrictions contravening a person's right to display a flag, that person may display a flag of the United States which is no larger than two (2) feet by three (3) feet from the person's residence, regardless of whether the person owns or leases the residence, provided that the flag is displayed in such a manner as is deemed proper by state or federal law, including 36 U.S.C. secs. 173 et seq. Any agreement contravening this right shall be void and unenforceable in any court of the Commonwealth. No person shall discriminate or retaliate against a person who properly displays the flag of the United States in conformity with this section and not in contravention of any other statute or administrative regulation directly regulating the flag's display. This section shall supplement, and not limit or abridge in any manner, the right of persons to otherwise display the flag of the United States.

My Senator says:
You may fly a flag from your residence. According to our staff, you may need a court decision to determine if they can stop a flag pole. Or- you could erect one and let them do the court work.

What's the best course of action?

Steve
[email]Steve@PresidentAdams.com[/email]
[url]www.PresidentAdams.com[/url]

What's the best course of action?

It looks like the best course of action is to fly your flag from your residence, without a flag pole.
I don't think a court could reach a decision before Memorial Day.

[seniorjudge]

Originally Posted by PresidentAdams

What is the name of your state? KY

I want to install a flagpole to fly the United States flag in my front yard.

HOA Deed of Restrictions says, "No building, fence, wall, structure, or other improvement... shall be erected, placed or altered on any lot until the construction plans... shall have been approved in writing by the... association."

Letter from HOA liaison says flagpole is a structure.

KY law says:
KRS 2.042 2.042 Right to display United States flag at a person's residence.
Notwithstanding any agreement or restrictions contravening a person's right to display a flag, that person may display a flag of the United States which is no larger than two (2) feet by three (3) feet from the person's residence, regardless of whether the person owns or leases the residence, provided that the flag is displayed in such a manner as is deemed proper by state or federal law, including 36 U.S.C. secs. 173 et seq. Any agreement contravening this right shall be void and unenforceable in any court of the Commonwealth. No person shall discriminate or retaliate against a person who properly displays the flag of the United States in conformity with this section and not in contravention of any other statute or administrative regulation directly regulating the flag's display. This section shall supplement, and not limit or abridge in any manner, the right of persons to otherwise display the flag of the United States.

My Senator says:
You may fly a flag from your residence. According to our staff, you may need a court decision to determine if they can stop a flag pole. Or- you could erect one and let them do the court work.

What's the best course of action?

Steve
[email]Steve@PresidentAdams.com[/email]
[url]www.PresidentAdams.com[/url]

You voluntarily gave up that right under KY law when you accepted the deed with the restrictions.

[PresidentAdams]

Originally Posted by seniorjudge

You voluntarily gave up that right under KY law when you accepted the deed with the restrictions.

Even with the law saying, "Notwithstanding any agreement or restrictions contravening a person's right to display a flag"?

Steve

[gawm]

We had something like this happen in Arizona some years back. A guy (a veteran) put up a flag poll in is yard, the HOA told him to take it down, he refused, they went to court, after at least 15 grand in legal fees he gave up and sold the house. He moved to a place that allowed him to have it up. My advice to you is don't go up against the HOA unless you have money to burn.

[PresidentAdams]

Originally Posted by gawm

We had something like this happen in Arizona some years back. A guy (a veteran) put up a flag poll in is yard, the HOA told him to take it down, he refused, they went to court, after at least 15 grand in legal fees he gave up and sold the house. He moved to a place that allowed him to have it up. My advice to you is don't go up against the HOA unless you have money to burn.

God bless the USA... land of the NOT so free...

[garrula lingua]

Happy gave a great answer - hang a huge flag from every/any window, no pole.
Hang it on the garage door, no pole.

[PresidentAdams]

Yeah, I've gotten a lot of responses like that on other forums too. Post 100 little flags all attached to the house, put a 10 ft. pole on top of my garage... all of them = annoy the HOA (and my neighbors... and my wife!) until they give in and say, OK... put up the flagpole.

I'm trying not to disrespect the flag while I work to fly it properly. Even if "they" don't respect it, I do.

Steve

[fairisfair]

Originally Posted by gawm

We had something like this happen in Arizona some years back. A guy (a veteran) put up a flag poll in is yard, the HOA told him to take it down, he refused, they went to court, after at least 15 grand in legal fees he gave up and sold the house. He moved to a place that allowed him to have it up. My advice to you is don't go up against the HOA unless you have money to burn.

Update: In 2004, the Arizona State Legislature amended existing legislation to protect homeowners’ and condominium residents’ right to fly flags. The revised statues (33-1261 and 33-1808) allow for residents to fly flags that are consistent in size with dimensions noted in the federal flag code (P.L. 94-344; 90 Stat. 810; 4 U.S. Code sections 4-10). Arizona homeowners’ associations may not prohibit the installation of a flagpole, but may dictate its height and placement

[PresidentAdams]

Evidently that is what I need, but do not have. I know Florida passed a similar resolution. According to my Senator, the interpretation of "at my residence" is up to the courts.

Steve

[fairisfair]

Well hey now Steve, you have a new hobby, lobbying your legislature to pass a similar bill. Good luck

[PresidentAdams]

And I shall if necessary. I sent a "nice" letter to the HOA today. We'll see how far "nice" goes. If that fails, yes, I'll be knocking on my Senator's email "door" again. If that fails, I'll keep pushing to get elected and you can guess what executive order #1 of the Adams administration will be.

Steve
[email]Steve@PresidentAdams.com[/email]
[url]www.PresidentAdams.com[/url]

[HappyHusband]

Originally Posted by PresidentAdams

And I shall if necessary. I sent a "nice" letter to the HOA today. We'll see how far "nice" goes. If that fails, yes, I'll be knocking on my Senator's email "door" again. If that fails, I'll keep pushing to get elected and you can guess what executive order #1 of the Adams administration will be.

Steve
[email]Steve@PresidentAdams.com[/email]
[url]www.PresidentAdams.com[/url]

I don't know but I've been told...
Emails to your representatives are never read or recieve a response. Send regular mail.

[PresidentAdams]

Surprisingly I have received several e-mails back from my Senator. Three in one day even. My Representative has corresponded with me in the past, but hasn't for this matter.

Steve