The following is My Dec. 7 comment to Kaine backs Barfoot in flagpole dispute as appeared in the Richmond-Times Dispatch.
“Gov. Timothy M. Kaine said today it is “ridiculous” for the Sussex Square community association not to let a Medal of Honor winner fly the American flag from a flagpole in his yard. “
I’m wondering how President Obama feels about this very important issue. I understand he likes to deal in substantive issues. After all, he IS the President of these United States, isn’t he?
Who reigns supreme over this country. Private agreement HOAs that only require posting to the clerk’s office in order to bind citizens to a surrender of their rights? Or the Constitution? Since when can private parties contract to circumvent the Constitution? If allowed to stand, why do we need a Constitution?
Why are there special laws for these private governments that can operate outside the constitutional protections that apply to all other forms of political government? Where the immunities and privileges of citizens are denied, and where citizens must fight to restore lost rights.
Which law is supreme in the US and Virginia? Constitutional law or the real estate laws of equitable servitudes, which apply to HOA covenants?
I also wonder if the HOA is being advised by a Community Associations Institute (CAI) member attorney? CAI, selected by the Virginia government to train HOA managers, stands opposed to the extension of constitutional protections for members of HOAs (See its amicus curiae brief in the NJ Twin Rivers freedoms of speech case.
HOA Constitutional Government 
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