An elderly gay couple in Port Melbourne has been ordered to take down the gay pride flag that hangs from their apartment balcony — or face legal action.
The Age reports that on Wednesday of last week, the Melbourne Inner City Management Property Owners Corporation sent a “nasty” email to Murray Sheldrick, 78, and James Bellia, 72, insisting they take down the flag or face a legal case in the Victorian Civil and Administrative Tribunal.
Sent by Fairfax Media, the letter suggested the couple was in breach of the owner’s rules affecting the “peaceful enjoyment” of the other residents. The breach also claims the couple was “displaying advertising materials.”
Bellia and Sheldric, who own their property,have been a couple for 50 years. They bought the flag in February and have removed it from their balcony for the time being. Typically, they hang the flag on special occasions: Australia Day, Queen’s Birthday and the Midsumma Festival.
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Mr Bellia said he and his partner are convinced the email was homophobic:
“We are positive it is homophobia, there is no doubt about it. Why else would they bother us? The flag is on a huge terrace, it’s not in anyone’s view.”
The owners corporation rejected the suggestion, saying it was only responsible for reinforcing the building’s professional appearance:
“A uniform external appearance is to be maintained. Even curtains, blinds and window fixtures are to be of a uniform nature,” it said in a statement.
“There is no legal or moral justification for preventing people from being proud of who they are,” said Justin Koonin of the Gay and Lesbian Rights Lobby. “Elderly LGBTI people in particular have suffered discrimination and invisibility for many years, often decades. This is not caused by their identity, but by living in a society which does not accept their identity.”
H/t: LGBTQ Nation
Grant Mealey
Oh my how unenlightned ð??³ hope they win ð???
Jason Peil
Crowd funding?
They should fight the civil suit and bust the condo corporation for damages and for interference in their right to peaceful enjoyment of their condo.
DCFarmboy
I’m tired of these stories but at least this time it is not a USMC, American or religious flag and the accompanying claim that the homeowners association is anti-American/anti-Marine/anti-Christian.
You choose to live in a fricken homeowners association. They set rules for uniformity. Why did you buy that damn house/condo if you didn’t want the rules? If the rule is unreasonable, why not go to the association meeting and make motion to change the rules and ask your co-owners for their support?
No, you put up some damn flag and then go all postal and threaten litigation.
alphacentauri
Why are they told to take down the LBGT rainbow flag? They should sue or do something.
alphacentauri
@DCFarmboy: That’s true as well. Condos and apartments do have certain rules they make everyone who lives their follow. The article makes it sound like they are just renting an apt.
Will L
@DCFarmboy: You said it! My sentiments exactly.
Merv
As DCFarmboy said, there’s no story here. These kinds of restrictions are very very common in apartments, condos, and planned communities. They only have a case if they can demonstrate unequal enforcement.
SteveDenver
Are there flags on any other terraces? If so, SUE! If not, do what you want and let them try to force their stupid argument.
Carl Covington
This seems to mirror another article about a soldier claiming discrimination because he’s not allowed to fly a U.S. and Marine flag on his property because of HOA restrictions.
As an owner within an HOA-governed property, you’re limited by the by-laws. You also signed into those by-laws when you made your purchase. Those same regs govern every single owner. I bet if you dig deeper, you’d find other similar request being made of other residents to remove flags, umbrellas, plants or similar.
Why don’t they either attend an HOA meeting and complain/request changes, or run for HOA office and begin making changes from within?
ait10101
The specific reasons are ludicrous: Sent by Fairfax Media, the letter suggested the couple was in breach of the owner’s rules affecting the “peaceful enjoyment” of the other residents. The breach also claims the couple was “displaying advertising materials.”
Advertising? Peaceful enjoyment? Only for homophobes. If the complaint were based on uniformity rules that are explicitly invoked I would think there was a much better case.
Larry Chin
They should be able to keep it up
Mack
When you live in a condo or association neighborhood you have to live by the rules of the association. If you want to be able to do what you want to do, change the color, fly a flag (and in some associations they won’t even allow the American flag) have multi-color blinds, pretty much anything different-don’t live in a neighborhood with a homeowner’s association. Simple as that. They’re not being bigots, they’re just following the rules so everyone is the same and on the same page.
aliengod
@DCFarmboy: Exactly! Well said.
captainburrito
@DCFarmboy: Where did they threaten litigation? The couple themselves were threatened with litigation.
James Sigmon
Tell them NO I will keep it up.
oz1967
welcome to Australia the backwater of the western world.
Brian
Australia is not as gay-friendly as some people claim it to be. There is a strong under-current of homophobia throughout the whole country, even amongst the Left Wing. Australia still doesn’t allow gay marriage or even civil unions.
Jim McHardy
This is totally showing bigotry and hatred. They should fight this discrimination
Poloboy50
@Mack: Thank you Mack; your the only one that is making any sense to this. There are RULES and if you don’t like them MOVE. Stop throwing out the Gay Card; it makes people hate us more. Wake Up !!!
Brian
@Mack: Oh, please, it’s just a flag with pretty colors. What sort of body corporate would find a flag with pretty colors offensive anyway? It seems like a form of control.
rextrek
they do sell American flags with gay stripes……what are they gonna do – tell them to take the American flag down?
petensfo
If you don’t want to live by the rules of a Homeowner Association or condo complex, you need to move. That’s how HOAs and condos work. They ought not cry wolf unless they are certain other flags have been overlooked.
Alistair Wiseman
@DCFarmboy:
Bingo! We have a winner.
Maleko
@Brian: Australia very recently forced out the ultra-right Prime Minister; more exactly, his political party dumped him. They replaced him with a less right wing PM, but this guy still isn’t in the mainstream of Western political thought. The big disappointment here is that the people of Australia voted for these people and their political philosophies; this certainly is an unfortunate 180 from the image they try to show in their advertising to get folks to visit their country. Take it off your vacation list guys; there are plenty of alternatives places to go.
woodin
Hey folks calm down. Not everything involving gay people or symbolism (flag) is an attack on the community.
Lots of communities and apartment buildings have strict rules on banning certain exterior items and colors, etc., just to preserve the uniformity/appearance of the place. Nothing more or less.
Not everyone is on board to having their property values/investment take a hit over the neighbor next door who likes keep their patio/balcony/yard for junk storage or broken down old cars, or those folks that think yard/balcony chachkies enhance the place.
o.codone
Believe it or not, OMG, gays just aren’t all that special.
Nick Marriott
Body-corporates are fucked,control freaks and you haveto accept being controlled by them,in these environments.I would suggest that other people put up Australian flags and see if the same thing happens.
Glücklich
@Brian:
You obviously don’t live in an area with HOA. Plus it’s Melbourne, not Oxford Street. Melbourne is not Sydney.
What’s surprising is that you’re not foaming at the mouth at two guys proclaiming to the neighborhood their “gay identity”.
Transiteer
It IS homophobic. And bullying. Tell them to bring it on. Just some dumbass Conservative bible-freaks probably.
Nancy Moonlight-Rotkowitz
Law is law o flags means no flags. Stop making it political Nd stirring up trouble. Get a life and stop trying to tear this country apart.
Giancarlo85
@o.codone: And you’re very special. Time to commit yourself to those therapy sessions. 🙂
Anyways, this is just another example of inconsistent policing. I am 100% certain others have flags up and nothing is said.
@Nancy Moonlight-Rotkowitz: Bullsh*t.
K Patrick McCarthy
Very common for condo and apartment buildings to have rules, especially hanging anything from balconies. This is not discrimination unless the building is covered in flags and they were singled out, which I highly doubt is the case. Let’s pick the fights that really matter
Paul Smyth
I feel compelled to support these two guys – 50yrs together and finally able to celebrate who they are an what they believe in. They should go to the Association meeting and put their case forward – spk with neighbours and gain support – but for the sack if communication why do ppl all ways threaten legal action????? The only people who benefit are lawyers and courts!!!!! What a waste of good money. If your neighbours are true – they will support you…… Be an interesting result
Brian
It would be interesting if they put up the Australian flag on their balcony and see what the reaction would be. Would the body corporate insist they pull it down? I doubt it.
scrivo
Let’s not start using the gay card for special treatment. The flag is in violation of condo rules so just take it down or move somewhere that allows flags.
martinbakman
The Age is a newspaper owned by Fairfax Media so seems confusing that Fairfax Media would send anyone a nasty e-mail.
Anyway, there are newer residential developments where I live with very restrictive rules: Can’t leave you garage door open; can’t plant flowers, trees or anything in the front yard (all managed by some landscaping outfit); no flags, banners, placards posted on your property or on utility poles to advertise your garage sale; and on and on.
If these two gents are being singled out, that would be disturbing. But if no other residents are bending the rules, then there is less of a legal leg to stand on.
Joe
Using “advertising materials” is just a nice way of putting we don’t like your rainbow flag, take it down. This world is go to hell in handbasket in a hurry.
Sheeeesh.
Joe
@alphacentauri:
They may violated the rules that are placed in their monthly fee and agreement. I know my dad lives in a 55+ community and some of the rules f his monthly fee of grass cutting, etc., are astounding.
Joe
I failed to mention after pushing the submit button- this couple are probably not the first to hang a flag of any kind from their balcony.
topshelf
In a community like this, there are ordinances against flags and decorative items that are visible from the building. Homeowners are always being cited for things like plants, christmas lights, religious symbols, lawn chairs, children’s toys and general junk visible from their apartments. It’s embarrassing that so many gay men cry wolf in situations like this.
Glücklich
@Nancy Moonlight-Rotkowitz:
If coverage and commentary of two old guys hangin’ a flag on their balcony in violation the condo board rules is “tearing apart” the Commonwealth of Australia, it might be time to emigrate. Hyperbole much?
Peter McKinney
How is this different from asking a vet take down the American flag?
sportsguy1983
If the homeowner association rules applies equally to all flags (or outside decorations), then they need to shut the f@ck up and take down the flag. Don’t like the rule, then have the homeowners change the rule.
Dakotahgeo
Wait until Marriage Equality hits Australia and is the law of the land. One little hugh lawsuit will take care of these Corporations and their silly laws! Can hardly wait!
Giselle
I hope that the couple will plant a whole rainbow of flowers along the edge of their terrace. Something on a permanent basis.
It would make such a nice statement and it would say a lot about them if those homophobes tried to get flowers removed.