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Saturday, June 15, 2002

Bans fly in face of patriotism


Homeowners fight associations for right to build flagpoles

By James Hannah
The Associated Press

        SPRINGBORO — For 20 years, Sidney Moore flew an American flag on the flagpole outside his home in Minnesota. So when he retired and moved to Ohio, he put up a flagpole at his new home.

        However, the housing association in his development said the flagpole violated a homeowners' agreement and had to be removed, he said.

        “They've lumped the flag in with bird baths and pink flamingos. I just didn't feel that was right,” said Mr. Moore, a Vietnam veteran who has two sons who are veterans. “My main point is the flag is not a decoration.”

        Mr. Moore was the inspiration for a bill that would prevent homeowner associations from banning flagpoles at new homes. No one testified against the measure during three days of hearings in the Ohio House, where the bill passed 93-0 last month. It is pending in the Senate.

        Some attribute a lack of opposition to the patriotic fervor generated by the terrorist attacks.

        “After Sept. 11, we all know how many flags appeared,” said Ken Evans of the High Point Homeowners Association in Strongsville, a Cleveland suburb.

        The Ohio Association of Realtors has not taken a position on the bill. But spokesman Carl Horst said the lack of opposition probably stems from potential opponents not wanting to be perceived as being against the flag.

        “It just seems to be there's a sentiment across the state and the country that the symbol of the American flag stands for something important,” Mr. Horst said.

        Mr. Moore, 64, put up his flagpole three years ago in Settlers Walk, a development in Springboro. He said neighbors signed a petition saying they didn't object to the flagpole, but the association refused to waive the rule.

        When the group wouldn't put that decision in writing, he continued to fly his flag. After the terrorist attacks, Mr. Moore contacted state Rep. Tom Raga, R-Mason.

        Rep. Raga said the bill would apply to developments built after the measure becomes law. The flagpoles could only display the American flag.

        Scott Liberman, a Dayton attorney who represents homeowners' associations — of which there are several thousand in Ohio — said the purpose of restrictive covenants is to protect property values by maintaining a uniform look.

        “When you buy a unit subject to these restrictions, it's not always a democracy,” Mr. Liberman said.

        Mr. Evans said the High Point association allows flagpoles but bans fences, yard pools and the parking of commercial trucks.

        “The purpose of covenants isn't to be so restrictive that people can't do anything, but it puts some guidelines designed to keep things in order,” he said. “The dream is to create an environment that is pretty much the same.”

       



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- Bans fly in face of patriotism
Neighbors edge toward detente
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