Quote :

"GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW 2005-360 HOUSE BILL 829 AN ACT pertaining to the display of official governmental flags. The General Assembly of North Carolina enacts: SECTION 1. Chapter 144 of the General Statutes is amended by adding a new section to read: "§ 144-7.1. Display of official governmental flags; public restrictions. (a) A county, city, consolidated city-county, or unified government shall not prohibit an official governmental flag from being flown or displayed if the official governmental flag is flown or displayed: (1) In accordance with the patriotic customs set forth in 4 U.S.C. §§ 5-10, as amended; and (2) Upon private or public property with the consent of either the owner of the property or of any person having lawful control of the property. (b) Notwithstanding subsection (a) of this section, for the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner. (c) For purposes of this section, an 'official governmental flag' shall mean any of the following: (1) The flag of the United States of America. (2) The flag of nations recognized by the United States of America. (3) The flag of the State of North Carolina. (4) The flag of any state or territory of the United States. (5) The flag of a political subdivision of any state or territory of the United States." SECTION 2. The title of Chapter 144 of the General Statutes reads as rewritten: "Chapter 144. State Flag, Official Governmental Flags, Motto Motto, And Colors." SECTION 3. This act becomes effective October 1, 2005, and applies to the construction of ordinances adopted before the effective date and to ordinances adopted on or after the effective date. In the General Assembly read three times and ratified this the 23rd day of August, 2005. s/ Beverly E. Perdue President of the Senate s/ James B. Black Speaker of the House of Representatives s/ Michael F. Easley Governor Approved 1:49 p.m. this 7th day of September, 2005 "

10/1/2005 7:03:20 PM

Nevermind, I just saw the pussy-out clause:

Quote :

"(b) Notwithstanding subsection (a) of this section, for the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner. "

10/1/2005 7:06:15 PM

lot of rich people vote yo

10/1/2005 7:52:41 PM

Which HOA tried to ban flags?

10/1/2005 7:58:58 PM

that's not a pussy-out clause because it doesn't include an exception for property value

they'll have a hard time proving in court that a ban on a small porch flag is for "health" reasons

10/1/2005 8:11:50 PM

^Hope so.

Quote :

" OCALA - Tammy Coggins returned to her Majestic Oaks home after a weekend in Atlanta and found the welcome mat pulled out from under her good intentions. While communities throughout the Sunshine State and elsewhere are welcoming Hurricane Katrina's storm-weary survivors, Coggins and others in the 500-home southwest Ocala subdivision were told by their homeowners association that their deed restrictions prohibited them from doing the same. A flier, distributed by the Majestic Oaks homeowners association on Saturday, said that rather than allowing "additional families" in the community, residents were encouraged to contribute to hurricane relief funds. "I came from a city that opened its arms to 50,000 refugees," Coggins said. "I was shocked and angered when I came home to find this." She was not alone. On Tuesday, during an often contentious meeting, more than 60 residents packed the community room at Freedom Library to express their dismay over what many termed a "disgraceful" and "embarrassing" response to mounting efforts to help hurricane victims. At one point, board member Christine Beers - teary-eyed and visibly distraught - stood and apologized to the crowd saying, "I, for one, am very sorry." Though the full board followed suit and unanimously apologized for what Lou Colainni called a "knee-jerk reaction" and what Bob Walsh said was "jumping the gun," the effect of the homeowners association's warning remains in force. Across the nation, tens of thousands have offered their homes as temporary shelter for those displaced by Katrina. Placement is made via Internet registries such as HurricaneHousing.org, HomeFlood.org and Craig's List where everything from a spare sofa to luxury condominiums are available to victims, often free or for a nominal charge. The notice was sent after the board learned that a homeowner planned to shelter three families evacuated from New Orleans. Vice President Audrey Andrews said the board's action was "blown out of proportion" and that she apologized only for it gaining news media attention. "I think our intent was correct," she said. "It's a neighborhood problem (but) it got out . . . If a letter of apology will help, fine." Andrews said the board was merely enforcing restrictions approved by homeowners as recently as last year. But Bryce Mercier, both a Majestic Oaks resident and superintendent for the development's builder, Triple Crown Homes, said: "We didn't know the covenants would mean we couldn't help people." "Yes, we're here to help people," Mercier said. "We're here to be Americans ... and charity begins at home." Georgia Ann Bolla said she went "ballistic" when she got the notice. Bolla and her husband, Alfred Bolla, the former president of the Texas AFL-CIO, moved to Majestic Oaks last November. "I'm proud of what Texas is doing for the refugees, we know what hospitality is," she said. "I'm totally ashamed to live in Majestic Oaks, I'm ready to move. We have a wonderful community, but this is a disgrace." Though he feels "damn bad" about the uproar, homeowners association President Bob Watson said the board has a legal responsibility to enforce the deed restrictions, plain and simple. "They're talking about their feelings, not using common sense," he said. "We feel bad about it, very upset about it ... There's no real solution." Watson said that even under the unprecedented circumstances, the community's restrictions could not be ignored, especially if the evacuees are still sheltered months down the road. Bypassing the by-laws could invite lawsuits, he said adding, "How am I going to explain that to the judge?" Mark Bogen, executive director of the Florida Community Association Coalition, said that while such restrictions are routinely upheld in court, boards "can decide to not enforce those restrictions under unusual circumstances." "It's definitely a tough situation," he said. "Probably the best idea, one that works in smaller communities of 50 or 100 homes, is to go around and get everyone to sign off on it." While many other communities share similar deed restrictions as Majestic Oaks, several say they are willing to work with their residents interested in sheltering refugees. OCALA - As some organizations seek to coordinate temporary homes for people devastated by Hurricane Katrina, the Majestic Oaks Homeowners Association is reminding its residents the evacuees aren't welcome in that community. The association delivered notices to its 500-plus homes Saturday advising homeowners "that our covenants and by-laws prohibit additional families in family homes." Audrey Andrews, vice president of the board, said Monday they encourage residents to make donations or charitable contributions to aid victims of Hurricane Katrina. But, she added, the board thought it needed to ward off any sudden influx of evacuees. "These are single-family residences, and that's what they were intended for," Andrews said Monday. Andrews did add that association residents can bring in evacuees who are family members. Association board members began discussing the situation after word got to them that a minister in the community had traveled to New Orleans to bring back three families of evacuees, said association President Bob Watson. Watson said Monday that, even in the trying times following Hurricane Katrina, the covenants could not be bypassed. That could bring on lawsuits from other residents, especially if the evacuees are still being housed three or four months down the road. "How am I going to explain that to the judge?" Watson said. Watson said it wasn't clear who the minister is and that he had not been able to contact him to warn him not to bring back evacuees. At least one area church, Blessed Trinity Catholic Church in Ocala, is asking parishioners to consider taking a family in. Andrews said many residents welcomed the reminder but some were upset by the notice. One resident, Nancy Fisher, said she took in evacuees from the hurricanes that hit Florida last year. She didn't feel the by-laws should apply to the community during the current crisis in the Gulf Coast. "You shouldn't be asked to deny evacuees a place to stay just because you have a nice home," Fisher said. Majestic Oaks is just outside Ocala off SW 60th Avenue and is a community of mostly block houses. This isn't the first controversy about possible violations of deed restrictions in the community. In 1996, the association took a homeowner to court to make him remove a flag pole and the American flag from his yard. "

[Edited on October 1, 2005 at 9:08 PM. Reason : A recent example.]

10/1/2005 9:01:40 PM

Quote :

"Which HOA tried to ban flags? "

Actually displaying flags of foreign countries is illegal in many HOA. Guess what happens (unfortunately) to prperty values in a HOA where 2-3 members are proud of their Mexican heritage and wanna show it off.

10/3/2005 12:37:47 AM