Quote:
Originally Posted by songkrai
She will be allowed to fly the flag.
The rest of the story:
The condo association did allow her to have two flags.
She apparently wants the condo association to pay for the flag. The flag was damaged when the condo association hired workers to shovel snow off the roofs. Now we get into the nitty gritty of the condo rules and responsibilties of damage when workers shovel snow off roofs. Who pays? The condo association or insurance. Or both. Or neither.
Any condo people out there? Who is responsible for damage on the outside of building? Who is supposed to pay for damage outside of building?
I'm gonna guess here and only a guess but I think the condo association should have just purchased a new flag and be done with it. Absorb the cost and move on to more and better things for the association to worry about.
But this story seems to be a microcosm of life living in a condo association or HOA. The rules normally are that you cannot make any changes to the outside of the walls and common areas and sometimes your own yard if one comes with unit. You buy into this. You agree to the rules when you buy into this. This lady did agree to the rules. She has to abide by the rules or move.
I do think that there are laws that allow a flag - and the size of the flag can be set by the condo association. And I think that the condo association cannot ban satellite dishes either - that one has been to court too.
Also reminds me of the case in Sandwich in the Historic District where the lady painted the American flag on the front of her entire house. The Sandwich Historic committee banned this and told her to repaint her house in the proper approved colors for the historic district. In the end though, she won out and the flag is still painted on the front of her antique home in Sandwich.
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Yes the condo association can set the size, location, responsibility for requirements but cannot deny of the displaying an American Flag. Since a contractor damaged the flag they should be responsible for the cost of repair/replacement but that would go through the HOA as they would be contractors hired by them through the management company. BTW I remember that Evergreen Management has their own maintenance people on staff that are used for certain work in HOA's.
As for satilite dishes they have to be allowed but again the HOA can set rules/guidelines as to preferred location, responsibility etc. I know this first hand as I wrote such a rule for a HOA I was an owner in years ago.