Told to take down my flag

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  • downzero

    Master
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    Jun 16, 2010
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    Also, what if the tenant runs a screw into an electrical wire or other things?

    Then you may have to sue them to recover the market value of fixing the damage they caused. Just like you might have to sue me if I keyed your car, or drove my truck into your house, or anything else. "Ownership" doesn't come with any enforcement rights. If you really like your property, the law creates methods by which you can enforce your rights.
     

    hornadylnl

    Shooter
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    Nov 19, 2008
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    Then you may have to sue them to recover the market value of fixing the damage they caused. Just like you might have to sue me if I keyed your car, or drove my truck into your house, or anything else. "Ownership" doesn't come with any enforcement rights. If you really like your property, the law creates methods by which you can enforce your rights.

    That's reassuring if they burn down a multi unit building and people die in it. The families of the deceased will sue me the owner, not the tenant. Things like this are exactly why they don't allow tenants to mount flags to their buildings. Not because they're communists out to topple 'Murica'.
     
    Rating - 100%
    15   0   0
    Aug 14, 2009
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    Salem
    Being a landlord isn't for control freaks - or at least your blood pressure will go up exponentially in proportion to how big of a control freak you are. Like running any other business - it ain't for everybody.

    As downzero says - there's risk. And tenants can do things to make you lose your business. That's why you pick them carefully if you have a brain in your head.

    Again - I _know_ I wouldn't be telling someone to take down a flag. I might ask them to change how it was mounted or something. I DO tell tenants what kind of dogs they can have, for instance. The reason - certain breeds will ABSOLUTELY get my insurance cancelled! Whether I agree with the rationale or no.

    Some corporate landlords, like a lot of large corporations - get stupid with things. That leads to situations like what happened with the OP.

    In reality, hornadylnl, you are probably right to avoid being a landlord. It may well save you a trip to the cardiologist. That's not harsh - that's just honest. It's not for everyone. And it's not designed to be a pejorative in any sense of the word. I don't have the right mentality to be a stock trader. So I avoid it.
     

    downzero

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    That's reassuring if they burn down a multi unit building and people die in it. The families of the deceased will sue me the owner, not the tenant. Things like this are exactly why they don't allow tenants to mount flags to their buildings. Not because they're communists out to topple 'Murica'.

    They might sue you if they think you have deep pockets, but if they cannot prove that you caused their injury, they get nothing.

    If they're smart, they'll probably sue both of you.

    And if you're smart, you'll have insurance.
     

    U.S. Patriot

    Grandmaster
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    7   1   0
    Jan 30, 2009
    9,815
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    Columbus
    I'm not going to argue with anyone. My story is on Fox 59 live feed, but I'll post a link once it is posted on their website. The lease agent was cought in a lie on video. She said that I can fly a flag, but it has to be inside my designated area (patio), which it was. She said it has always been that way. I have been flying my flag for over a year now, and nothing has been said to me. The new policy is no yard art, meaning, nothing in the yard, which does not include my patio and walkway. So, how was I in violation? Is that clear enough for the confused?
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
    25,987
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    Galt's Gulch
    The new policy is no yard art, meaning, nothing in the yard, which does not include my patio and walkway. So, how was I in violation? Is that clear enough for the confused?

    But you mentioned you will be putting it on a pole, why would you change the display method if it's not in violation of the policy?

    I'm not trying to be argumentative, but there are just gaps in the story I'm trying (unsuccessfully) to fill in so I can form an opinion. I realize you don't care about my opinion, but I'm prepared to get irrate at apartment management companies for bothering people in general, esp about flag issues.
     

    Ted

    Shooter
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    Mar 19, 2012
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    Then you may have to sue them to recover the market value of fixing the damage they caused. Just like you might have to sue me if I keyed your car, or drove my truck into your house, or anything else. "Ownership" doesn't come with any enforcement rights. If you really like your property, the law creates methods by which you can enforce your rights.

    That's reassuring if they burn down a multi unit building and people die in it. The families of the deceased will sue me the owner, not the tenant. Things like this are exactly why they don't allow tenants to mount flags to their buildings. Not because they're communists out to topple 'Murica'.

    Wow, watch out hornady......downzero just supported the same position as you've been stating in any number of previous threads.
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
    25,987
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    Galt's Gulch
    It's on their website now. I might have missed it but still couldn't see where it had been hanging. Was it on the fence on the outside?

    I saw the emotion you had while discussing this. Sorry you've been put through all this for what seems like a silly rule and thanks again for your service.
     

    canav844

    Expert
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    Jun 22, 2011
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    They cannot enforce their request without violating Federal law
    http://www.gpo.gov/fdsys/pkg/PLAW-109publ243/html/PLAW-109publ243.htm
    SEC. 3. <<NOTE: 4 USC 5 note.>> RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES. A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. [[Page 120 STAT. 573]] SEC. 4. <<NOTE: 4 USC 5 note.>> LIMITATIONS. Nothing in this Act shall be considered to permit any display or use that is inconsistent with-- (1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association. Approved July 24, 2006.

    They can ask you to change the manner in which you display it if reasonable but that is it. Keep it to the space you rent and there should be no problem.
     

    Ted

    Shooter
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    Mar 19, 2012
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    How is trying to prevent unnecessary lawsuits against myself an oppsing viewpoint from supporting people's right to seek redress in court?

    Good for you. Its best to try not to go to court to begin....not to mention that everyone has the means to do such.

    I remember your response the next time we are on the subject of tall grass and hanging gutters around someone's home, and the your past position of the oppressive nature of building ordinances that force people to not diminish the neighbor's home values.
     

    hornadylnl

    Shooter
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    Nov 19, 2008
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    Good for you. Its best to try not to go to court to begin....not to mention that everyone has the means to do such.

    I remember your response the next time we are on the subject of tall grass and hanging gutters around someone's home, and the your past position of the oppressive nature of building ordinances that force people to not diminish the neighbor's home values.

    If its my property and I'm renting it out, I have a say in what is attached to it. You can hang whatever the **** you want off of your house.
     
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