Monday, November 21, 2011

Are Homeowner's Associations a Communist Plot?

Periodically stories emerge about a Homeowners association not letting someone fly the American Flag and a lot of patriotic American get real upset. Recently The Blaze and Fox news ran a story about someone who was fined for violating a Homeowners Association rule on signs.  The sign in questions was a “Wake Up America” sign.  “Wake Up America” was a 9-12 project and 9-12 was originally an organization founded by conservative talk show host Glen Beck.  The Blaze commentor’s called the HOA communist. One commenter said, “HOAs are just another way the libs and progressives try to force people into uniform acceptance of things.”

I am all for flying the American Flag. I don’t mind political yard signs.  I like Christmas decorations. However, if you move into a community with deed restrictions or covenants that prohibit flags or yard sings, or Christmas decorations, or parking your company truck in the driveway, don’t complain about it. If you violate your HOA rules don’t play the patriot card and expect my support.  If you buy property that provides for the creation of a homeowners association and the homeowners association is empowered to set rules for what is permitted in the community, do not buy in that community.  It really is that simple.

Restrictions of this nature are not restrictions on your free speech rights.  The First Amendment does not mean you cannot voluntarily agree to give up your right to fly the flag or post yard signs. If you voluntarily agree to be governed by a Homeowners association you have no one to blame but yourself.  If you didn’t read your closing documents before you signed them; shame on you.

You have a lot less restrictions if you move to a community without an HOA but you will still be governed by some restrictions.  If you think you want to put aluminum siding on your home or paint it any color you want or change the period features of the house with modern upgrades, you want to avoid a neighborhood with a historical overlay or conservation overlay.

If you move to a neighborhood without an overlay you will still have zoning and codes restrictions.  If you want to open a lawnmower repair shop in the basement of your home you probably cannot do that in most residential zoned neighborhoods.  If you want to install a flashing LED “Wake Up America” sign in your front yard, you probably can’t do that. You may want to become acquainted with the codes, zoning and sign ordinances of your community if you think you will want to do anything drastically different from what your neighbors are doing.

If you want to have cars up on cement blocks in your front yard and a mobile home next to the main house and fly a flag as big as a football field and paint the barn "Wake up America," you can move to an unincorporated area way out in the country and probably no one will bother you.

Stumble Upon Toolbar
My Zimbio
Top Stories

No comments:

Post a Comment