20 foot flagpole

I submitted an ARC application to install a 20 foot flag pole in my front yard. The plat that I submitted with the application shows the flagpole is to be placed approximately 3 feet inside my property line and that I would like to fly a 4’ x 6’ US flag. The application was approved with the caveat that the flag, when flying, could not encroach into my neighbor’s airspace. I feel this is their way of playing it safe by not denying the flagpole yet restricting it (this is the only reasonable location to place the flagpole) by saying the flag can’t fly over onto the neighbor’s airspace. The homes are detached single family homes. My thoughts are if they are restricting the placement of the flagpole due to it the flag possibly flying over my neighbor’s property then all trees planted near property lines should be restricted. How many of us have a neighbor’s tree hanging over into our yard or a tree root encroaching into our property? Yes, we can trim the trees back as long as we do not harm them. My feeling is if the neighbor is concerned about the flag flying over their property they can get out there with a leaf blower and blow it back in the direction of my yard.

Any thoughts on this?

Donna, Thank you for your input. Yes, the easy thing would be to move the placement of the pole. But, with the trees in my yard, I feel any other location wouldn't be acceptable in that the flag would actually be flapping into the tree branches.

My concern is that the HOA has never placed a stipulation on a homeowner planting a tree near the property line whereby branches or roots couldn’t encroach into a neighbor’s yard so why make this condition for the placement of a flagpole. I think the real problem here is that the HOA really doesn't want the flagpole, but I found a loop hole in our covenants that allow them and this is their way of saying yes you provided the documentation that would allow the flagpole but we are restricting the fact that it cannot breach the neighbors airspace.

Baloney, there is even a federal law to allow the flag to be flown in HOA's BUT the BOD's have the right to set reasonable limitations on placement of the flagpoles. There also maybe city/county ordinances (building codes) on where a flagpole may be placed. Not to mention insurance issues, like when the pole breaks or is pulled out of the ground and falls across the sidewalk killing the person walking there. Yes, trees encroach over property lines and the homeowner has the right to cut said tree back to the property line even if it kills it.

Believe it or not but most Boards are not being petty or vindictive when they attempt to set standards but are trying to balance the rights of all of the homeowners. Maybe your neighbor doesn't have a problem with your flagpole/flag or at least that's what they say to your face to maintain peace but what about when the neighbor moves and the new neighbor files multiple complaints about your encroachment? As I see it the BOD is not saying no, they're just saying not there; which by the way is their job.

A flagpole is not a tree. A tree grows naturally a flagpole is man made. If your flagpole is 3 feet from the property line, it would be reasonable for your flags to be limited to 3ft length.

Just move the planned flagpole further from the property line. Problem solved.

Actually RonM4, the neighbour wouldn't be limited to your suggestion of them using a leafblower to blow the flag back to your side, they could CUT the extra foot overlapping their property..just the same as they could do for an overlapping tree. You wouldn't expect them to use a leafblower to blow an overlapping branch now would you? So your logic for the flag is just as flawed.

Seems the world is full of reasonable, thoughtful people.

Imagine moving a flagpole another foot to resolve the problem? Unthinkable.

And the leafblower solution now that required lots of thought and consideration.

And we can't move the flagpole location because.......... the property owner's OWN tress don't allow it. Maybe you get the saw out.

Any thoughts on this.......... I think it's a joke but we have all heard this sort of twisted logic when dealing with those supposed to be adults.

To all.. yes, I could trim my tree but then it would look gaunt and might as well cut the whole tree down. Ahh, but the HOA has a regulation regarding cutting down existing trees. I would welcome the neighbor (who fully approves of my location for the flagpole) to get a 20’step ladder and trim the flag back to the property line without causing it harm…. Just like you can’t do harm to a tree when trimming it. The HOA has no problem of you planting a maple tree on the property line where the roots and branches invade into the neighboring yard but they do have a problem with a flag flying 20’ in the air. If the HOA placed similar restrictions placed on trees then I wouldn’t be questioning it.

So it looks like you need to decide if you want your tree looking gaunt or you reall want the flag.

Not clear when you said "Just like you can’t do harm to a tree when trimming it. "

If you are referring to if a neighbour trims a tree you planted on your side which hypothetically encroaches on their side, and then their actions casue your tree to die, then you are wrong. It isn't their problem if your tree dies as a result of them trimming on their side. they are allowed.

On the other hand, if you plant a tree on your side, and it causes damage to their side ie. roots heaving concrete etc, there are sometimes covenants that would mean you are on the hook for the damages and the cost to restore your neighbours property. (aside from any insurance involvement).

As far as the neighbour trimming the flag, as soon as it flapped on my side I could grab that part and trim it quite nicely. You said it would only be a foot over BUT you are assuming the flag pole doesn't flex in the wind so if I happen to trim and extra few inches good luck proving those weren't on my side as well.