Texas HOA President Demands Army Sergeant Remove American Flag From Home
“That flag means more to me than a lot of people realize. That’s the only reason I joined the Army … was to fight for my country because I love that flag and everything that flag stands for.”
Every once in a while, a home owners association runs amok and decides that a resident take down the American Flag, and this time it is in Texas? Robert woods, the president of the HOA for the Falls of Fox Creek community in Killeen, Texas is threatening resident Army Sgt. Chris Link with fines and a lawsuit if he refuses to remove the flag from the front of the house. Sgt. Link says he is NOT taking it down.
Link stated that the feud started last week when he received an email that he needed to remove a flag that was hanging on a pole in his yard. He was told that the residents were only ‘allowed’ to fly the flag four times a year.
UPDATE: Due to threat of legal action, the HOA has backed down. It looks like President Robert Woods was told he was an idiot by someone, somewhere, and now has egg all over his face.
“This is great news,” Link said in a phone conversation after he heard the news Monday. “This shouldn’t have been an issue to begin with. I mean, it’s great news that they’re dropping it, and as far as my property management, as long as nothing happens there, I think everything is settled.”
“It is a federally protected right that we can fly the American flag in America no matter where you are,” Link said. “People have been obviously bullied into taking their flags down. Just stand up and fight for your right.”
But back to the story anyway:
According to an email that was sent to Link from the HOA president Robert Woods, the community guidelines say that a flag that is displayed can’t be flown on a pole and can only be displayed four days a year: Memorial Day, Labor Day, Veterans Day and Flag Day.
“Please understand 90% of the homeowners are retired military and when the four days of the year that we can display our flags, we do. So, please remove the flag so there will be no violation sent out with a fine attached to it,” the email said.
“That flag means more to me than a lot of people realize. That’s the only reason I joined the Army … was to fight for my country because I love that flag and everything that flag stands for,” Link explained.
“The issue is settled and frankly, I think it is absolutely disgusting and unpatriotic of you to try to bully the members of this community into not flying an AMERICAN flag,” Link said in an email to the HOA president.
The HOA has a slight problem. It, like many others in the past is coming up against the Freedom to Display the American Flag Act of 2005 which states:
“A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
“States that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.” (Source:congress.gov)
The question is “reasonable restriction pertaining to the time.”
I have a funny feeling that any court in Texas will not agree that 4 days a years is reasonable.
What are these idiots thinking in the first place?
Who tries to micromanage people’s lives like this anyway? It is the American Flag! HOA’s are INFAMOUS for going extremely overboard as to their original purpose!
These same people were the one’s that no one liked in school because they constantly felt the need to tell everyone else what to do! Remember Judi Hensler on Leave it to Beaver? Yep! That person!
The HOA president was clear, “You cannot display your flag. We have gone through this with a number of homeowners. Please remove it, or I will have your fine sent out today.”
Well you might have just met your match dude! I hope Sgt. link takes this all the way to the top! Link’s neighbors are standing behind him all the way.