One conflict
continues cropping up, year after year:
Homeowner rights versus obligations.
An internet search reveals reports of HOA abusive behavior and labels of
Associations as un-American. It is the constant struggle
of individualism versus collectivism.

When a
person buys property that has restrictions attached to its usage, he is automatically
entering into a contract. Homeowner
Associations come with a shopping cart of such restrictions, spelled out in
both the Declaration/Covenants documents, and also on plat and land surveys.

Other
restrictions, such as architectural standards, have been upheld as legitimate
tools for maintaining community property values.
The curb appeal that attracts prospective homeowners is often driven by
such the enforcement of these regulations (i.e. paint color, permitted
improvements, lawn care, etc.).
Making a
change to these covenants often requires approval by a supermajority of homeowners. The bar is set high for several reasons: Providing certainty, forcing thoughtful
deliberation, and reducing confrontation.
Consider
this. Everyone knows that commercial
vehicles can't be parked overnight in driveways, and a newcomer violates this agreement. The Association steps in on behalf of the
neighbors for remediation.
Unfortunately, the new homeowners may not have reviewed the existing land agreements for the community, and are outraged when they cross a restriction. Up goes the rally cry for freedom, without regard for their neighbors’ expectations. To compound the problem, Boards of Directors are often composed of inexperienced volunteers who react poorly to such challenges.
Unfortunately, the new homeowners may not have reviewed the existing land agreements for the community, and are outraged when they cross a restriction. Up goes the rally cry for freedom, without regard for their neighbors’ expectations. To compound the problem, Boards of Directors are often composed of inexperienced volunteers who react poorly to such challenges.

The correct community
reaction should have been to call a conference with the homeowner and come up
with a way to display the flag without violating the neighborhood contract on
front yard aesthetics. Perhaps the
decision is to relocate the pole to a common area green space, with padding on
the flag cables to muffle the clanging noise, and ground spot lights positioned
in a way to avoid reflecting in to homes.
Or perhaps small flag posts mounted above garages are the solution.
Whatever the
solution, neighbors will want anonymous input to avoid animosity or
retaliation. This goes back to one of
the purposes of covenants: To provide a
buffer between neighbors, reducing the level of conflict that otherwise occurs. Community rules are not
about imposing a political regime, but protecting everyone’s enjoyment of their
homes with as little impact on their neighbors as possible.
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