Liberals fine veteran $8,000 for displaying american flag at his home

[itfitzme]

When you purchase a home in which an HOA is involved you sign off on the rules. If you don't like the rules, don't buy the place. It's that simple.

BS. If he was black and put out a Kenyan flag you liberals would say hell with the rules, the HOA is violating this man's free speech rights.

The first amendment is a restriction on Congess. There is no right to freedom of speech in private organizations.

 

[Peach]

The real problem with many HOAs is that the Board is often empowered to amend or change the rules without the need to reach a concensus with the other owners. It is not uncommon for owners to find that after buying a property and understanding the rules at the time of purchase, the rules are later changed without consultation and they become saddled with requirements that they never agreed to.

.

Yes, I am not in favor of HOAs that are out of control, and I have seen a few.

 

[dnsmith35]

CONDO ASSOCIATION SUPPORTS FLAG DISPLAY; PURSUES COLLECTING UNPAID DUES AND FEES
Dateline Jacksonville, FL, June 26, 2014
The Tides Condominium at Sweetwater by Del Webb, Inc. ("Tides") would like to formally respond to your recent media release associated with the current flower pot violation and recorded lean on Larry Murphree's property as they were inaccurately reported. The Tides agrees with Mr. Murphree about demonstrating patriotism by flying the American flag. We have established rules that conform with the U.S. Code and Florida statutes regarding flag etiquette, and we encourage residents to fly American flags in accordance with the state and national standards.

The Association has not prohibited any owner from properly displaying an American flag. In June 2013, Murphree filed a federal action alleging the Association's rules and regulations regarding flower pots violated the Freedom to Display the American Flag Act of 2005. The Court dismissed this cause of action concluding the "Flag Act of 2005 does not provide any enforcement mechanism, or explicitly create a private right of action for individuals such as Murphree to bring a lawsuit against a condominium association." To date, there is no pending litigation between the Association and Mr. Murphree.

The story suggests and implies that the Tides is foreclosing on Mr. Muphree based on fines associated with flying the American flag. The Tides is not foreclosing on Mr. Murphree's property for improperly displaying the American Flag. The Tides seeks the monies due to from Mr. Murphree as it does with other owners whose accounts are delinquent. The Board of Directors has a fiduciary responsibility to the Association and all its residents. This includes ensuring that all monies due to the Association are collected. We prefer such payments to be made voluntarily, but when they are not, after due notice, we take all appropriate legal steps to ensure the financial soundness of our Association. A lien has been filed against the property, but despite Mr. Murphree's claims, this lien relates to his failure to pay regular monthly assessments.

The federal opinion may be located at:
http://media.cmgdigital.com/shared/news/documents/2014/06/23/Flag_fight.pdf

 

[WinterBorn]

CONDO ASSOCIATION SUPPORTS FLAG DISPLAY; PURSUES COLLECTING UNPAID DUES AND FEES
Dateline Jacksonville, FL, June 26, 2014
The Tides Condominium at Sweetwater by Del Webb, Inc. ("Tides") would like to formally respond to your recent media release associated with the current flower pot violation and recorded lean on Larry Murphree's property as they were inaccurately reported. The Tides agrees with Mr. Murphree about demonstrating patriotism by flying the American flag. We have established rules that conform with the U.S. Code and Florida statutes regarding flag etiquette, and we encourage residents to fly American flags in accordance with the state and national standards.

The Association has not prohibited any owner from properly displaying an American flag. In June 2013, Murphree filed a federal action alleging the Association's rules and regulations regarding flower pots violated the Freedom to Display the American Flag Act of 2005. The Court dismissed this cause of action concluding the "Flag Act of 2005 does not provide any enforcement mechanism, or explicitly create a private right of action for individuals such as Murphree to bring a lawsuit against a condominium association." To date, there is no pending litigation between the Association and Mr. Murphree.

The story suggests and implies that the Tides is foreclosing on Mr. Muphree based on fines associated with flying the American flag. The Tides is not foreclosing on Mr. Murphree's property for improperly displaying the American Flag. The Tides seeks the monies due to from Mr. Murphree as it does with other owners whose accounts are delinquent. The Board of Directors has a fiduciary responsibility to the Association and all its residents. This includes ensuring that all monies due to the Association are collected. We prefer such payments to be made voluntarily, but when they are not, after due notice, we take all appropriate legal steps to ensure the financial soundness of our Association. A lien has been filed against the property, but despite Mr. Murphree's claims, this lien relates to his failure to pay regular monthly assessments.

The federal opinion may be located at:
http://media.cmgdigital.com/shared/news/documents/2014/06/23/Flag_fight.pdf

Oops! Looks like the "patriot" lied about why the HOA had a lien against his home.

I guess those "liberals" were just requiring that he pay what he owed. How could they be so heartless??

 

[Peach]

CONDO ASSOCIATION SUPPORTS FLAG DISPLAY; PURSUES COLLECTING UNPAID DUES AND FEES
Dateline Jacksonville, FL, June 26, 2014
The Tides Condominium at Sweetwater by Del Webb, Inc. ("Tides") would like to formally respond to your recent media release associated with the current flower pot violation and recorded lean on Larry Murphree's property as they were inaccurately reported. The Tides agrees with Mr. Murphree about demonstrating patriotism by flying the American flag. We have established rules that conform with the U.S. Code and Florida statutes regarding flag etiquette, and we encourage residents to fly American flags in accordance with the state and national standards.

The Association has not prohibited any owner from properly displaying an American flag. In June 2013, Murphree filed a federal action alleging the Association's rules and regulations regarding flower pots violated the Freedom to Display the American Flag Act of 2005. The Court dismissed this cause of action concluding the "Flag Act of 2005 does not provide any enforcement mechanism, or explicitly create a private right of action for individuals such as Murphree to bring a lawsuit against a condominium association." To date, there is no pending litigation between the Association and Mr. Murphree.

The story suggests and implies that the Tides is foreclosing on Mr. Muphree based on fines associated with flying the American flag. The Tides is not foreclosing on Mr. Murphree's property for improperly displaying the American Flag. The Tides seeks the monies due to from Mr. Murphree as it does with other owners whose accounts are delinquent. The Board of Directors has a fiduciary responsibility to the Association and all its residents. This includes ensuring that all monies due to the Association are collected. We prefer such payments to be made voluntarily, but when they are not, after due notice, we take all appropriate legal steps to ensure the financial soundness of our Association. A lien has been filed against the property, but despite Mr. Murphree's claims, this lien relates to his failure to pay regular monthly assessments.

The federal opinion may be located at:
http://media.cmgdigital.com/shared/news/documents/2014/06/23/Flag_fight.pdf

Oops! Looks like the "patriot" lied about why the HOA had a lien against his home.

I guess those "liberals" were just requiring that he pay what he owed. How could they be so heartless??

The decision relies upon his FEDERAL law claims, his right to have been in Federal court. Basically, he should have sued in state court. I hope he does.

 

[dnsmith35]

CONDO ASSOCIATION SUPPORTS FLAG DISPLAY; PURSUES COLLECTING UNPAID DUES AND FEES
Dateline Jacksonville, FL, June 26, 2014
The Tides Condominium at Sweetwater by Del Webb, Inc. ("Tides") would like to formally respond to your recent media release associated with the current flower pot violation and recorded lean on Larry Murphree's property as they were inaccurately reported. The Tides agrees with Mr. Murphree about demonstrating patriotism by flying the American flag. We have established rules that conform with the U.S. Code and Florida statutes regarding flag etiquette, and we encourage residents to fly American flags in accordance with the state and national standards.

The Association has not prohibited any owner from properly displaying an American flag. In June 2013, Murphree filed a federal action alleging the Association's rules and regulations regarding flower pots violated the Freedom to Display the American Flag Act of 2005. The Court dismissed this cause of action concluding the "Flag Act of 2005 does not provide any enforcement mechanism, or explicitly create a private right of action for individuals such as Murphree to bring a lawsuit against a condominium association." To date, there is no pending litigation between the Association and Mr. Murphree.

The story suggests and implies that the Tides is foreclosing on Mr. Muphree based on fines associated with flying the American flag. The Tides is not foreclosing on Mr. Murphree's property for improperly displaying the American Flag. The Tides seeks the monies due to from Mr. Murphree as it does with other owners whose accounts are delinquent. The Board of Directors has a fiduciary responsibility to the Association and all its residents. This includes ensuring that all monies due to the Association are collected. We prefer such payments to be made voluntarily, but when they are not, after due notice, we take all appropriate legal steps to ensure the financial soundness of our Association. A lien has been filed against the property, but despite Mr. Murphree's claims, this lien relates to his failure to pay regular monthly assessments.

The federal opinion may be located at:
http://media.cmgdigital.com/shared/news/documents/2014/06/23/Flag_fight.pdf

Oops! Looks like the "patriot" lied about why the HOA had a lien against his home.

I guess those "liberals" were just requiring that he pay what he owed. How could they be so heartless??

The decision relies upon his FEDERAL law claims, his right to have been in Federal court. Basically, he should have sued in state court. I hope he does.

It would appear he has no grounds to sue in any court. And just for your edification, I am NOT a left winger.

 

[Peach]

Oops! Looks like the "patriot" lied about why the HOA had a lien against his home.

I guess those "liberals" were just requiring that he pay what he owed. How could they be so heartless??

The decision relies upon his FEDERAL law claims, his right to have been in Federal court. Basically, he should have sued in state court. I hope he does.

It would appear he has no grounds to sue in any court. And just for your edification, I am NOT a left winger.

I am tagged one, though I am moderate. I have been involved in State Court litigation with HOAs. Do not know about this case, but HOAs can be unreasonable.