FLYING "OLD GLORY" ?
Homeowners association OKs flying flag
Article Courtesy The Sun News

By Erin Reed
Tuesday, May 07, 2002


Mike Kaminsky's American flag will continue to fly from his town home in North Myrtle Beach. 

At an emergency meeting Saturday, the Fairway Oaks Homeowners Association voted to allow residents to fly American flags on their properties until the neighborhood can put one up at its clubhouse. 

After that, flags could be flown only on national holidays and every Sept. 11. 

Kaminsky said he is happy with the decision. 

"This thing should be over now," said Kaminsky, who owns Goldberg's N.Y. Bagels in North Myrtle Beach. "As long as we can fly the flag, that's what it's all about." 

Homeowners association President Bill Wrenn could not be reached for comment Monday. 

Kaminsky's fight last week with the homeowners association over flying an American flag at his town home got the attention of national media outlets, including CNN. 

People from all over the country contacted him to show their support for his cause. 

The Fairway Oaks Homeowners Association, formed two months ago, was demanding that Kaminsky take down the flag to comply with the association's ban on flags of all kinds. 

Premier Management Group Inc., the management company for Fairway Oaks, had told Kaminsky he would be charged a $25 fine for every day his flag was still flying. 

He already had sent in payment for the first day, which was Saturday. 

But the new flag agreement cancels any fines, and Premier said it will  reimburse Kaminsky for the money he sent. 

 
North Myrtle Beach man says he won't take down American flag
Courtesy of The STATE South Carolina Home Page
Thursday, May. 02, 2002

NORTH MYRTLE BEACH (AP) Mike Kaminsky says he will fly his American flag outside his rented town house, and he won't pay the $25 per day fine assessed by his homeowner's association. 
But the homeowner's group said if Kaminsky or the owner doesn't pay up, they'll put a lien on the property. 
Kaminsky said he put the flag up Sept. 12 the day after a firefighter friend died trying to save people during the terrorist attack on the World Trade Center. 
Two months ago, property owners in the Fairway Oaks neighborhood formed a homeowner's association and passed several rules including banning pets and not allowing flags to be flown outside properties, said Bill Wrenn, president of the association. 
If Kaminsky doesn't take down his flag by Saturday, Wrenn said the association will begin fining him $25 a day. 
"I'm patriotic myself, but you've got rules and regulations," Wrenn said. "It would look like a third-world country or something if everyone were allowed to fly different flags. We're trying to keep property values up." 
Kaminsky is defiant. "I'm not taking my flag down," he said. "It's just something I feel I should be able to do." 
Kaminsky said he owns Goldberg's New York Bagels in North Myrtle Beach and flies a flag there, too. 
No other flags fly in Kaminsky's neighborhood after the ban. He said he's ignored letters threatening the fine and has no plans to remove his American flag. 
"We're still having problems overseas, and I think everyone should be flying them," he said. 
The Community Associations Institute, which serves as an advisory agency for homeowners associations nationwide, encouraged a six month moratorium on flag bans after the terrorist attacks. 
"What was most common after Sept. 11 was residents were looking for a way to be able to fly flags without violating any homeowners association rules and regulations," institute spokeswoman Mary Shomon said.


Letter to Editor :
It is really great that the media is picking up on the problems in homeowners' associations. 
See 20/20 on 4/19/02.
Flag bills are currently considered in many legislatures around the nation. FL and AZ already passed them and the governors signed them into law.

At the end of the article you quoted the spokeswoman for the CAI  with some comments:
The Community Associations Institute, which serves as an advisory agency for homeowners associations nationwide, encouraged a six month moratorium on flag bans after the terrorist attacks. 

"What was most common after Sept. 11 was residents were looking for a way to be able to fly flags without violating any homeowners association rules and regulations," institute spokeswoman Mary Shomon said.

First, the CAI is not an advisory agency for anybody. They are a trade organization run by the vendors to homeowners' associations like lawyers, management companies, accountants, maintenance and landscaping companies. They misrepresent themselves by making legislators believe that they are representing the homeowners' interest. They are not in any way, they are an organization of members who are interested in financial gain. It is very obvious that there is a definite conflict of interest between a trade organization and the consumer - the homeowner. Please realize that lobbyists paid by CAI's Legislative Alliances are fighting homeowner-friendly bills all around the nation. 

In my opinion their so-called 6-month moratorium was just a cover-your-butt deal, since lawyers, mostly well-known CAI-members, filed the big flag law-suits long before 9/11. 

If you would like more information about this issue, please contact me at [email protected]

Warm regards
Jan Bergemann



Another short article:
 
Man Faces Fines For Flying American Flag
Association President: It's A Matter Of Keeping Property Values Up

May 2, 2002

NORTH MYRTLE BEACH, S.C. -- A South Carolina man faces a daily fine and possible eviction for flying the American flag outside his home. 

Mike Kaminsky put the flag outside his rented home Sept. 12, the day after a firefighter friend died at the World Trade Center. 

However, two months ago, property owners in Kaminsky's North Myrtle Beach neighborhood formed a homeowners association. One of the rules they passed banned the flying of flags outside properties. 

The homeowners group said that either Kaminsky or the owner of the home must take the flag down by Saturday or face a $25 per day fine. Members also reportedly threatened to put a lien on the property. 

Association President Bill Wren said it's a matter of keeping property values up. He said that if everyone flew different flags, "it would look like a third-world country.'' 

 

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