You Can't Fix Stupid

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You Can't Fix Stupid

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This topic contains 3 replies, has 3 voices, and was last updated by  Karie H 2 months ago.

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  • #4808

    Rana Goodman
    Keymaster

    YOU CAN’T FIX STUPID

    At the compliance meeting today in Anthem Center’s Delaware Room the BOD outlined the new rules, regulations and restrictions that we were all warned about in the mail last week.

    I have checked the Nevada Revised Statutes (NRS) 116 to find a “law” within them that states HOA’s MUST         pro-actively enforce the CC&Rs since, that is what we were told at the meeting. however, in all the times I have researched them I never heard of such a thing.  The following is what I found;

    NRS 116 chapter 311.395

     3.  The executive board may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

          (a) The association’s legal position does not justify taking any or further enforcement action;

          (b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;

          (c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or

          (d) It is not in the association’s best interests to pursue an enforcement action.

          4.  The executive board’s decision under subsection 3 not to pursue enforcement under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, but the executive board may not be arbitrary or capricious in taking enforcement action

    I’m sending out this notice to encourage you to voice your feelings on one item that was in the “forbidden list” today…. In my opinion, as the title implies, this is the most stupid rule on the books and flying such a flag harms no one!

    Regarding flags; You may fly a United States flag, state flag, patriotic flag and Holiday flag… You cannot fly a sports flag. (Now maybe I’m crazy but that makes absolutely NO SENSE to me).

    It was stated that any of the rules could be amended by the board and unless someone explains to me why you can fly and holiday flag but not a sports flag, in my opinion that rule needs amending quickly.

    Who out there supports the Golden Knights, and/or The Raiders, soon to be our home team, who has a favorite football or baseball team? I know my other half is a fanatic about hanging his Giants flag and threw a fit when I said it was no longer permitted…

    What say you?

    #4811

    Dick
    Participant

    Since it appears that dictatorship or socialism is beginning to be the law of this community, and flags allowed can be patriotic,  I would assume that in keeping with the spirit of this decree, a North Korean, Iranian, or Cuban flag would now be more than acceptable !

     

     

    #4813

    Rana Goodman
    Keymaster

     

    When one of our readers wrote and asked our CAM, Elyssa Rammos to see the CC&Rs or guideline rule, the following is what she supplied:

    For flag holders the Design Guidelines state “On the flag holders flags shall not have dimensions exceeding 3 feet by 5 feet and may be United States flag, other patriotic flags, or flags appropriate for holidays.”

     The Association has interpreted this to mean, as presented yesterday, that only those flags mentioned (in red) are permitted. (bold added by editor)

    Thank you.

    Elyssa Rammos, SCM, CMCA®, AMS® | Sun City Anthem

    Community Association Manager

    #4834

    Karie H
    Participant

    So, if I read Elyssa’s reply correctly, it’s the flag that is put into the ” flag holder”  that may be the United States flag, other patriotic flags, or flags appropriate for holidays.  Doesn’t say I can’t hang a Vegas Knights flag from one of my recently installed TREES, does it?????

    I guess the definition of “Other Patriotic Flags” needs to be better defined, because I could only think of a few (i.e. POW-MIA, USMC, USN, etc.) that I would personally consider being “patriotic” in nature.  But if I were from another country, (as was stated by another reader), based on the currently vague definition, I would be permitted to fly the flag of my country (in my house’s flag holder) because I was, by definition of patriotic, showing a “respect for the country’s flag, a desire to see my nation succeed, and a deep, abiding love of my country”.

    If you whittle that definition down to a more local level, wouldn’t supporting any of the local teams also be a patriotic gesture??   Ask any member of the Chicago Club whether they’re okay with not being able to fly a Cubs or White Sox flag during baseball season–the flag police would have to write a lot of violation letters.

    I think this “rule” needs to go back to the drawing board.

     

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