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July 31, 2006
Helping get the message correct
I've spent the past week trying to straighten out various members of the the media on a variety of issues. The one they are most often getting wrong these days is about the "Freedom to Display the American Flag" Act, signed into law by President Bush over a week ago. A local headline shows the problem "Condo Owners Can Now Fly Flag Where and When They Want" The story then opens with quotes from owners who are going to run right out and buy that 20' flag pole to put in front of their unit. OOPS! That's not what the law says, especially regarding condominium associations. I grind out a letter correcting the writer of the story, but it rarely sees print, so when the owner puts that flag pole up and the condo association tells them to take it back down, they can thank their local newspaper for both misleading them and failing to correct it. For the record, the law prevents condo associations from preventing the displaying of "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." That basically the condo association can't stop them from displaying the flag inside their unit or from a limited common element, such as a patio or deck. Oh, but they can restrict the size of the flag, possibly the days, and the manner of displaying the flag. In other words, as far as condo's are concerned, not much has changed. The new law has the biggest impact on HOA's and POA's, but the writers rarely make that distinction. If a story like this has appeared in your lcoal paper or on the local TV news, you may want to get a letter out to the owners ASAP, before that one owner buys that flag pole and concrete. Check with your attorney as to the need for revising your rules, and then let people know. (For the record, the legislation doesn't bother me, but bad reporting does).
Other issues from the media that needed correcting during the last week:
No, not all board members are the spawn of Satan.
Yes, associations have periodic problems, just like any other segment of society.
No. a $12,000 special assessment is not normal, but neither were the hurricanes that created the shortfall.
Yes, most board members do live in the community and they were elected by their neighbors.
No, I don't know why the manager is sending out violation notices about dead grass in the middle of a drought. Maybe inspecting all of those properties in the heat has gotten to him.
Yes, there really is a difference between condo's and HOA's.
Well, you get the idea. A suggestion to reporters---go beyond the first few listings in Google when you're doing research. Just because they might be ranked high doesn't mean they have all of the answers.
Posted by joewest at July 31, 2006 12:51 PM