Veteran says HOA won't allow him to fly American, Marine Corps...:
And the homeowner waxes poetic about his flags, except that this dispute isn't about flags--it is about flagpoles. I think that is pretty clear, but local media love this "HOAs hate the American flag" meme, so they make that the headline and the first paragraph. So here's what the association says:
"In this particular case the homeowner installed two 20-foot flagpoles on both sides of his driveway (one on each side) without first submitting the plans or seeking approval. The problem is that oneof the poles is in a utility easement, both poles are within the 25-foot building setback line and the restrictions (and Texas Property Code) only allow for the installation of one flagpole. We have already reached out to the veteran to let him know that the issue is not the flags and are awaiting a response. We are certainly willing to continue to work with this veteran in relocating one of his poles and would be remiss if we did not take this opportunity to thank him for his personal sacrifice and service to our country."
2 comments:
A bit misleading (the HOA attorney not the homeowner).
First off the Texas Property Code is primarily a creature of the HOA attorneys and management companies - not the homeowners. So you can expect most statutes to favor the HOA and to provide little remedy for the homeowner.
Second, the Property Code DOES NOT LIMIT the number of flagpoles or flags one can have. What is does it prevent an HOA board/vendor from disallowing any flag pole - they have to allow at least one. That's not the same as prohibiting more than one which is what the attorney implied.
Ah yes, the "must get permission first" which will of course be denied. The "problems" stated aren't really problems now are they? First the utility easement is something to take up with the utility company, not the HOA. After all the easement burdens the HOMEOWNER'S property in favor of a utility provider that is NOT THE HOA. Second, clearly items other than houses are permitted in the "setback" zone. After all the driveway must be in the setback zone if the flagpoles are on both sides of his driveway. Is the HOA allowing driveways in the setback zone? Why driveways - not to mention there are likely above-ground electrical transformer boxes, cable boxes, and phone boxes in this area. Gasp. Arbitrary, capricious, and discriminatory.
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