GASTONIA, N.C. — A new community for people 55 and older in Gastonia is making waves on social media.
It’s called 1776 Gastonia, and each resident is required to display an American flag in front of their home at all times.
There are a lot of people on the internet wondering if this is legal. Will they be able to enforce this rule?
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Yes, if you live in an area with an HOA, you may be required to have certain decorations or architectural elements, such as an American flag.
what we found
Fankhauser said each new resident will be given an American flag to display in front of their home. They treat it like a fixed architectural element, he said.
“So we believe that in the case of things like garage doors, bus lights, address plates, architectural elements are the consistency that we want to maintain in the future,” he said.
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If you believe this requirement violates your First Amendment rights, both attorneys WCNC Charlotte spoke to said it’s important to understand what the requirement actually protects. Masu.
“The government is the only entity or individual that can take away constitutional rights,” Mauney said. “Private associations don’t have constitutional rights. When it comes to private associations, like homeowners associations, for example, your rights are primarily contractual.”
Prospective homeowners should always read their neighbors’ bylaws carefully, both attorneys said.
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“Many people don’t read their terms before they embrace the community and the great lessons,” Thurman said. “Be sure to read the HOA’s terms and conditions before joining the community, as they may contain some pretty specific and unique content that you may not like.”
So if you don’t want to fly the flag in front of your home, you might be better off finding another place to live, Mohney said.
“They could probably force it. If you don’t like it, don’t move there,” Mohney said.
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