Homeowners ASSociation: Take Down Spurs Flag

[LilMissSPURfect]

in other words we COULD do it.

But we WONT do it.

yep

[Taco]

Hey Guys.....


Go Spurs Go!!!!

[Useruser666]

My 7 cents on this thread.

I don't believe there are any "laws" dealing with flying the United States flag. There are guidlines and procedures to follow that are generally followed to show respect. If there are any laws, I'd like them to be pointed out to me, including the level of governing body they relate to. I don't think there are even city codes or restrictions that deal with flags.

http://www.snopes.com/history/american/texasflag.asp

We must begin by pointing out the nature of the "laws" that apply to the display of the U.S. national flag. Although the federal government has an established flag code, the provisions of that code are not laws in the sense that they create regulations which one must follow or be subject to criminal penalties. Flag codes are simply codifications of tradition and etiquette regarding how, when, and where national and state flags should be displayed, and how one should act in order to show proper respect for those flags. That is, flag codes are advisory guidelines about how flags should be displayed and respected, not enforceable rules mandating how they must be displayed and respected — the codes prescribe what is proper, not what is legal. (Or, in the words of the federal government: "The Flag Code does not prescribe any penalties for non-compliance nor does it include any enforcement provisions, rather it functions simply as a guide for voluntary civilian compliance.") The federal flag code does not authorize the government to dispatch G-men or police to arrest persons who allow their flags to touch the ground, display flags upside-down or backwards, or fail to destroy old flags "in a dignified
way."

The federal flag code prescribes that when the U.S. national flag is flown along with state flags, the national flag should be given the position of superior prominence. This means that:

* When the United States national flag is flown on the same halyard as a state flag, the national flag should be at the peak.

* When the national flag and a state flag are flown on separate staffs, the flag of the United States of America should be flown to the right (to the flag's own right, or to the observer's left) of the state flag, and from a staff of equal or greater height.

* When the national flag and a number of state flags are grouped and displayed from staffs, the flag of the United States of America should be at the center and at the highest point of the group.

* When the national flag is carried in a procession with other flags, the national flag should be carried on either the right-hand side of the line of flags or in front of the center of that line.

* When the national flag is displayed with another flag against a wall with crossed staffs, the national flag should be on the right (the flag's own right) and its staff should be in front of the staff of the other flag.

* When the national flag and one or more state flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last.

So, as long as other positional guidelines of the flag code are observed, any single state flag may be flown at the same height as the U.S. national flag (although the state flag may optionally be flown at a lower height as a show of deference to the national flag). Nothing in the federal flag code specifies exceptions for the Texas flag or any other state flag, nor does Texas' own flag code create or acknowledge any such exceptions. In fact, the Texas state flag code follows the federal flag code in all respects where the flying of the national flag and the Texas state flag together are concerned:

SUBCHAPTER B. DISPLAY OF STATE FLAG

§ 3100.055. Display on Flagpole or Flagstaff With Flag of United States

(a) If it is necessary for the state flag and the flag of the United States to be displayed on the same flagpole or flagstaff, the United States flag should be above the state flag.

(b) If the state flag and the flag of the United States are displayed on flagpoles or flagstaffs at the same location:

(1) the flags should be displayed on flagpoles or flagstaffs of the same height;
(2) the flags should be of approximately equal size;
(3) the flag of the United States should be, from the perspective of an observer, to the left of the state flag;
(4) the flag of the United States should be hoisted before the state flag is hoisted; and
(5) the state flag should be lowered before the flag of the United States is lowered.

While the Lone Star flag is certainly special to Texans, nothing in federal law makes it more special than any other state's flag.

Last updated: 29 July 2003

Now about homeowners associations.

I agree that HOA can serve a valuable service to communities. The problem with them lies in the amount of power they can be given to enforce their will on their cons uency. They can be corrupt as a city council. The elected members of the associations can often take out personal vendettas out on their neighbors, without recourse for the victim. Politics can pervert people into doing acts of egotistical malice towards their neighbors.

A bill had been purposed in Texas senate that would have limited HOA power in way that allowed neighbors to settle their differences well before people lost homes in legal actions. I think a better balance is needed between HOA protecting their communities and the property rights of the home owner.

And Pooh, stop being such a about Spurs flags. WTH do you expect in San Antonio? And saying flags are a distraction is a joke.

[Hook Dem]

"And Pooh, stop being such a about Spurs flags. WTH do you expect in San Antonio? And saying flags are a distraction is a joke." ...............I'll bet he wouldn't have a problem with it if it were a Pacers flag!

[MannyIsGod]

Man, I'm glad I stayed out of this thread untill now.

[nkdlunch]

"This thread is like a box of chocolates. I didn't know what to expect. I was pleasantly surprised." - The Devil

[pooh]

"And Pooh, stop being such a about Spurs flags. WTH do you expect in San Antonio? And saying flags are a distraction is a joke." ...............I'll bet he wouldn't have a problem with it if it were a Pacers flag!

I would think twice about doing it, if you're asking. And we already covered this subject in this thread...read please, thank you.

Some flags are a distraction to others on the road. Remember the guy who flew the confederate flag that hovered over some of I-10?

[Ed Helicopter Jones]

I'm proud to live in a country where people are free to express themselves in whatever manner they choose, provided it does not offend, deface or create a situation that might decrease values of surrounding properties.

[Useruser666]

You shouldn't have a drivers license if you are distracted by a Spurs flag off the side of the road.

[MadDog73]

I would think twice about doing it, if you're asking. And we already covered this subject in this thread...read please, thank you.

Some flags are a distraction to others on the road. Remember the guy who flew the confederate flag that hovered over some of I-10?

Yeah, the Spurs flag is a known symbol of racism and brutality.....

Pooh, it's just a Spurs flag. BTW, is there a link to the actual story? It seems we've gotten off on a serious tangent.

[pooh]

Kori asked several times if there actually was a link to this story, but no one has posted it yet.

[baseline bum]

The correct answer to this question is:

Who gives a ? This is why I hate watching the news. It's always stupid bull like this instead of real discussion about important issues.

[cherylsteele]

I'm sure in some neighborhood, somewhere, someone has been told to take that down.

I in fact remeber not too long ago a story of just this type...a local Home owner's assoc told a resident to remove a flag.....am I the only one who remembers this?

[cherylsteele]

\

I think all home owners assc. have a set of rules that are agreed to upon moving in. Its just like you might not be able to keep your grass high or you might not be able to put a toilet in the front yard or park a RV or trailor in your driveway overnight. There are rules.

Much like an Apt. Complex not allowing clutter or other things on a patio or landing area.

[cherylsteele]

Guess its just a diffence in opinion. I think flags should be allowed but there also should be restrictions. I know that I would not want tackyness to overtake my area.

Would you call a Miami Heat flag tacky?

Just curious if you are singling out the team and not just because it is a flag.

[cherylsteele]

Most of us are a very friendly, open minded people.

It's just that, like in all countries, the ignorant are the loudest and draw the most attention.

Kinda like a drunk in a bar.

[cherylsteele]

Hey T Park...

I just noticed....did you change you avitar to Brent Barry and take out Rasho??

Just curious.

[SequSpur]

Spurs flags are for bandwagoners.

[E20]

Seriously it's a flag if you give me some money I'll on the flag in a sidewalk!!!

[Taco]

I put my Spurs Flag up on my house this weekend!!!

Go Spurs Go!!!!

[B.AlMighty]

Home Owner Associations are a rip-off and just another "tax".

I get tons of emails about HOA's everyday.

[ObiwanGinobili]

wow.
i just read this whole post.
It was interesting becasue I'm not patriotic (i know a very dangerous thing to say, don;t shoot me).
A.) didin't realize there were so many laws on the books about our flag. that nust've taken alot of legislative time.
B.) some people get overly incensed.
C.) other people state things in a way that make those 1st people get overly incensed.

over all though, a very eduactional, entertaining thread. I missed out yesterday becasue I was at little league all day. So it was nice to have a good long thread cal;ling out to me on monday morning.

[GopherSA]

Well the bottomline is that if they agreed to the Homeowner's Association Rules when they moved in... and those rules said No Flags. Then they shouldn't be flying a flag. But if it was something undefined like "No tacky stuff in front of your house" then there's room for interpretation.

There was movement in the state supreme court this past week that struck down the ability of homeowners associations to regulate political signs in the yards of residents.

I'm not sure if the Spurs flags fall into that category, but it seems to me that the HOAs (we have a weak one in my subdivision) are losing some of their power to regulate what people do in their yards.

[Dan Rather]

any updates on this story?