GASTONIA, N.C. — A new community in Gastonia for people 55 and older is causing a stir on social media.
It’s called 1776 Gastonia and each resident will have to fly the American flag in front of their homes at all times.
Many people on the internet are asking if this is legal. Can they enforce this rule?
OUR SOURCES
- Brock Fankhauser, owner and founder of Great American Homes, the developer for 1776 Gastonia
- Attorney Gary Mauney
- Civil litigation attorney Thomas Thurman
THE ANSWER
Yes, if you live in a neighborhood with an HOA, it can require certain decor and architectural elements, like an American flag.
WHAT WE FOUND
Fankhauser said each new resident will be given an American flag to display in front of their home. He said they’re treating it like a fixed architectural element.
“So if it's a garage door, a coach light, an address plaque, we believe that the architectural element is the consistency that we want to be maintained in the future," he said.
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If you're thinking the requirement goes against your First Amendment rights, both of the attorneys WCNC Charlotte interviewed said it's important to understand what it actually protects.
"The government is the only entity or person if you will, that can take away your constitutional rights," Mauney said. "A private entity, you don't have any constitutional rights. With respect to private entities like for instance, a homeowner's association, your rights are basically contractual."
For any future homeowner, both lawyers said you should always carefully read the neighborhood’s covenants.
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"A lot of people don't read their covenants before they buy into a community and a great cautionary tale," Thurman said. "Absolutely read your HOA covenants before you buy into a community because there can be some pretty specific and unique stuff in there that you might not like.”
So if you don't want to fly the flag in front of your home, Mauney said you should probably find another place to live.
“They're gonna be able to enforce that in all likelihood, and if you don't like that, then don't move there," Mauney said.
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