Flag with profanity

I'm on the Board of a small HOA in Maine. Our Bylaws and Declaration forbid all signs but real estate "for sale" signs. "Flags" are not mentioned. Nuisances are mentioned as not being allowed but are not defined.

Homeowners have been flying American, Red Sox and Patriots flags from their porches. A year ago, a couple bought a house and erected a flag pole. Initially they flew the American flag. Later, the "Don't Tread on Me" flag was added. At this point, no complaints from anyone.

Then several weeks ago, a new flag appeared on the flagpole to replace the other flags. The flag displays "Trump 2020 Stop the 'BS'" where I have used an abbreviation in case anyone on this site is offended by the profanity. Well, many of our homeowners are offended. Some are offended personally by the profanity and most are concerned for the children on the street. I have personally spoken to most of the homeowners and found a strong majority want the flag removed. The majority includes a number of Trump backers who feel the profanity is "over the top". The Board unanimously wants the flag removed.

A certified letter from the Board has gone unanswered and may not even be accepted as the accompanying postcard has not been returned. (The letter does not threaten legal action but solely says the flag offends others and should be taken down.)

Several litigation lawyers won't return phone calls. One litigation lawyer suggests victory in court would be prohibitively expensive. Revising the Declaration to limit the flags which can be displayed is an option if a suitable amendment can be written and enforced.

Has anyone had to deal with this situation?

Thank you.

My best advice is to send the homeowner an apology letter and no further action will be required and to consider the issue closed. If you pursue this issue it will cost your HOA dearly in attorney cost and expensive settlement.

Sticking with the simple point of the language used, vs. the message or medium itself (which, if the HOA is going to be involved in the issue should, in my opinion, be the course they take).

Perhaps the Association can suggest the owner use another word or an abbreviation.

Examples:

Stop the Bull

Stop the BS

Stop the Malarkey

Stop the poppycock

Stop the Rubbish

Etc.

Melissa,

I suggest you look at the definition of Quackit homepage">"flag".

Flags can certainly be used as decoration (garden flag for example) but it's still a flag.


Well, per the definition, and as you refer to it, it does count as a flag regardless of how you use it.

I am just saying that I would qualify this as more of a "sign" and not a "flag". It's more of a décor thing. We didn't really allow garden flags in our HOA. Only because feel they were more of the "décor" side of things. An avenue may pursue to remove something like this "flag" from this owner's yard.

Just saying in this case the flag isn't an attractant to the HOA to make it look good to potential buyers. It kind of attracts unwanted attention no matter which way you feel about it's message.

the issue isnt the flag, its the profanity. get a photo of a 6 year old in front of the flag and send it to the media. they will take care of him.

I thought all the ignorant rednecks were in my part of the country.

Maybe get the neighbors who object to fly a flag saying, “We don’t support the profane flag down the street!”

Or, “Pay no attention to my ignorant, redneck neighbors!”

🙂

if you think you could fight it out all the way to the supreme Court with hoa lawyers over many years you're just as crazy as the guy with the Trump flag

We have an owner who watches Fox New 24 hours a day, asks everyone in the building who they vote for, complains about too many 'mexicans' and 'liberals' in the neighborhood, and makes a point of 'accidentally' leaving his MAGA and I.C.E hats in the main entryway by the mailboxes. Like him, they're just looking for attention. It's annoying, but I'd ignore it.

Apparently, so.

I think we have extras ... lots of extras.