Flagpole Bracket Installed on front of building

Started by PaulM30 • 4 replies • 465 views

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PaulM30 (B)
Posts: 41

Posted:

I am on the board of a 20 unit condo building. Our board is comprised of myself and 2 others, neither of whom live in the building. Our ownership is very disengaged, but we don't have many amenities or much that requires managing, so on the whole it's a fairly quiet building. We have one owner who has been a constant pain to every board since the building was constructed around 12 years ago (long before my time). I have posted about him before, but he is universally despised for his open and constant racism and sexism, his inappropriate conduct around women, and his general demeanor. He is obviously troubled, and I think his loneliness and inability to communicate normally manifests itself in constant conflict with everyone around him. We have had both owners and renters who have moved out, citing him as being the primary reason. He is obsessed with asking people 'are you a liberal?' and berating anyone he suspects of not being on 'his side'. His most recent outburst featured him yelling at a pregnant renter for talking to the mail carrier in the hallway at 1pm (he lives in a ground floor unit by the front door), and prior to that, he would refer to a board member who recovered from cancer as 'that cancer woman'. In short, the guy is completely beyond hope.

He is always looking for attention, and some way to provoke conflict (not to get political, but he is always 'accidentally' leaving his Trump and I.C.E paraphernalia in the main hallway in an attempt to get anyone to comment on it), and his latest attempt to provoke an argument with the HOA is his display of a large American flag. He started off by attaching it to the railing of the limited common element patio area on his ground floor unit. Technically I think this is against HOA rules, but I just ignored it as it was memorial day and I didn't think it was that big of a deal to display a flag. However, I'm assuming he was disappointed that it wasn't mentioned, as he has now drilled into the front wall of the building (not that it matters, but actually outside of the perimeter of his limited common element patio) and installed a flagpole bracket.

To be clear, I'm not against displaying the US flag at all, and ironically enough, he has left the flag out in two storms and significant rainfall despite being home, which is against the flag code), but I feel that I can't just ignore someone taking it upon themselves to drill holes into the masonry of the building. However, I'm also aware that there is some kind of flag law which restricts what HOAs can do? Is anyone familiar with this? If he wants to display a flag in his limited common element, or window, then I have no problem with that, but my problem is that he has broken HOA rules by permanently installing a heavy brass bracket to the front of the building without approval. I know this is probably opening a can of worms and just giving him attention, but has anyone had experience of this before?

SheliaH (Indiana)
Posts: 6,964

Posted:

To begin, Board members should NEVER say "I think the documents say...." Everyone should know what's there, but Board members in particular need to have a better grasp because the documents dictate how the HOA is to be run (Bylaws) and how the common areas should be used (CCRs). Pull them out and start reading - the CCRs should have information on what's considered common areas and whether you can attach things to it.

It's true that federal law prohibits HOAs from enacting rules stating you can't display a flag AT ALL, but it can enact reasonable rules, such as NOT installing flag brackets to the front of the building without permission, because it's common area. There have been stories in various communities about people wanting to display the flag in all sorts of ways that not only violate community rules, but are actually contrary to how the flag should be displayed. When people call them on it, they start yelling about the big bad HOA disrepecting the flag and how liberals are ruining the country because they aren't patriotic, blah, blah, blah.

I usually recommend people go to the American Legion website, which has a nice section on what you can and can't do regarding displays of the US flag and craft community rules based on that. Read that after you read your CCRs and note the various ways the flag can be displayed if you can't put it on the common area. Your CCRs may or may not address flags directly, but there should be language in the Bylaws allowing the board to enact additional community rules as long as they don't contradict the CCRs. You'll need to cite that as well in case he asks (and he will) whothehell gives the board the right to tell him what he can and can't do.

Send send the man a letter citing the section of the CCRs regarding installing items on common areas without the board's permission, and give him a certain number of days (30 or so) to remove the bracket from the wall and pay for any repairs to that section. It may also be a good idea to print off pages from the the American Legion website listing alternative ways he can display the flag without violating community rules. For example, he might be able to get a free standing pole and display the flag on that, taking it down in the evening.

The man will likely throw a fit and howl to the local TV stations and newspaper, so document what you do carefully and perhaps craft some talking points when the media contacts the property manager for a comment (be sure to tell them about the American Legion guidelines and your CCRs so the man can explain why he never contacted the association for permission).

There may be static for a while, but while that's going on, you and your colleagues might discuss preparing a a Board resolution stating it's adopting the American Legion guidelines as community rules so everyone will know what they can and can't do. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ND (PA)
Posts: 792

Posted:

Unless you want to possibly delve into a deeper issue, I wouldn't reference this individual's flag at all, but instead only reference the unapproved installation of the bracket into/onto what I assume is HOA common facility/property.

Since the condition of the property has been negatively impacted (holes now exist where they didn't previously), I would suggest either:
1) that he be required to remove the bracket and repair the structure to "like new condition" only after his proposed method of doing so is reviewed and approved by the board as an adequate solution, or
2) the bracket will be removed for him and the structure returned to an appropriate condition by someone hired to do the job at a cost that he will be required to pay.

Agreed this is likely attention-seeking behavior on his part; however, he cannot be allowed to get away with making permanent alterations to common facilities/property in violation of your documents. There is likely verbiage in your documents that would reference this sort of thing as not being permissible. If not checked, it sets a bad precedent for him and other owners in your HOA.

KerryL1 (California)
Posts: 14,550

Posted:

Totally agree with ND and his solution. Don't get sucked into the flag distraction.

And, do read your CC&Rs.

We're a condo building. Ours specifically prohibit any penetration into the common areas, which would include your wall. The reason: water intrusion could cause damage. And that's why our CC&Rs also prohibit any penetration into our exclusive (limited) use balcony rails, ceilings, walls, floors,

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ND on 05/28/2020 12:13 PM
Unless you want to possibly delve into a deeper issue, I wouldn't reference this individual's flag at all, but instead only reference the unapproved installation of the bracket into/onto what I assume is HOA common facility/property.

Since the condition of the property has been negatively impacted (holes now exist where they didn't previously), I would suggest either:
1) that he be required to remove the bracket and repair the structure to "like new condition" only after his proposed method of doing so is reviewed and approved by the board as an adequate solution, or
2) the bracket will be removed for him and the structure returned to an appropriate condition by someone hired to do the job at a cost that he will be required to pay.

Agreed this is likely attention-seeking behavior on his part; however, he cannot be allowed to get away with making permanent alterations to common facilities/property in violation of your documents. There is likely verbiage in your documents that would reference this sort of thing as not being permissible. If not checked, it sets a bad precedent for him and other owners in your HOA.

Good advice. Never, never, never, mention a flag. Just stick with the unauthorized bracket issue.

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