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View Full Version : Medal Of Honor winner in fight with HOA


Jimmy Mack
12-03-2009, 11:26 PM
-- Every morning, Medal of Honor winner Col. Van T. Barfoot raises the American flag in front of his home in suburban Richmond, Va. Every sunset, he takes it down. Now his neighborhood's governing board says the stars and stripes are fine, but Barfoot's flagpole must go.
In July, the Sussex Square homeowners association denied Barfoot's request to erect the 21-foot pole, ruling that it violated the community's aesthetic guidelines, according to the Richmond Times-Dispatch. But the 90-year-old Army vet put it up anyway and has been flying the flag daily since Veterans Day. On Tuesday, he received a letter ordering him to remove the pole by Friday or face legal action.
The board does allow flags to fly from small poles mounted on homes. Barfoot doesn't understand why a free-standing pole is forbidden.
"Where I've been, fighting wars, displaying the flag, military installations, parades, everything else, the flag is vertical. And I've done it that way since I was in the Army," he told the newspaper.
Barfoot received the Medal of Honor for his battlefield heroics in Italy during World War II. He also fought in the Korean and Vietnam wars. News of his fight to save the flagpole has generated offers of support from fellow vets, the newspaper reported, but Barfoot's neighbors are split over the issue. ....from AOL news



This just makes me mad.

VCURamFan
12-03-2009, 11:30 PM
-- Every morning, Medal of Honor winner Col. Van T. Barfoot raises the American flag in front of his home in suburban Richmond, Va. Every sunset, he takes it down. Now his neighborhood's governing board says the stars and stripes are fine, but Barfoot's flagpole must go.
In July, the Sussex Square homeowners association denied Barfoot's request to erect the 21-foot pole, ruling that it violated the community's aesthetic guidelines, according to the Richmond Times-Dispatch. But the 90-year-old Army vet put it up anyway and has been flying the flag daily since Veterans Day. On Tuesday, he received a letter ordering him to remove the pole by Friday or face legal action.
The board does allow flags to fly from small poles mounted on homes. Barfoot doesn't understand why a free-standing pole is forbidden.
"Where I've been, fighting wars, displaying the flag, military installations, parades, everything else, the flag is vertical. And I've done it that way since I was in the Army," he told the newspaper.
Barfoot received the Medal of Honor for his battlefield heroics in Italy during World War II. He also fought in the Korean and Vietnam wars. News of his fight to save the flagpole has generated offers of support from fellow vets, the newspaper reported, but Barfoot's neighbors are split over the issue. ....from AOL news



This just makes me mad.

Yeah, I'm kinda embarrassed by my state capital right now...

logrus
12-04-2009, 12:57 AM
-- Every morning, Medal of Honor winner Col. Van T. Barfoot raises the American flag in front of his home in suburban Richmond, Va. Every sunset, he takes it down. Now his neighborhood's governing board says the stars and stripes are fine, but Barfoot's flagpole must go.
In July, the Sussex Square homeowners association denied Barfoot's request to erect the 21-foot pole, ruling that it violated the community's aesthetic guidelines, according to the Richmond Times-Dispatch. But the 90-year-old Army vet put it up anyway and has been flying the flag daily since Veterans Day. On Tuesday, he received a letter ordering him to remove the pole by Friday or face legal action.
The board does allow flags to fly from small poles mounted on homes. Barfoot doesn't understand why a free-standing pole is forbidden.
"Where I've been, fighting wars, displaying the flag, military installations, parades, everything else, the flag is vertical. And I've done it that way since I was in the Army," he told the newspaper.
Barfoot received the Medal of Honor for his battlefield heroics in Italy during World War II. He also fought in the Korean and Vietnam wars. News of his fight to save the flagpole has generated offers of support from fellow vets, the newspaper reported, but Barfoot's neighbors are split over the issue. ....from AOL news



This just makes me mad.

Well, he knew the rules when he moved into an area with an association. The real sad part is its becoming impossible to avoid them. I live in an area with one and my friend and I are constantly at war with them.

Anyways this just goes to show you that nobody cares about the vet who fought for your freedom, or the soilder doing it today.

flo
12-04-2009, 01:17 AM
What logrus said.

With enough publicity for this gentleman, he may get an exception from the HOA, however. But I agree, before buying into a developent with CC&R's, you have to agree to their rules.

We lived in a development for 2 years, '05-'07. This was the first time we were involved with a HOA and the first meeting we attended was a real eye-opener! Talk about egos! I understand that certain rules protect one's property but I saw people's uglier side in action more than once when it came to their neighbors and using those rules against them.

I'm so glad we don't have a HOA anymore and we are really thankful to have good neighbors.

Fly that flag high, Col. Barfoot!

J.B.
12-04-2009, 01:27 AM
Well, he knew the rules when he moved into an area with an association. The real sad part is its becoming impossible to avoid them. I live in an area with one and my friend and I are constantly at war with them.

Anyways this just goes to show you that nobody cares about the vet who fought for your freedom, or the soilder doing it today.

I agree that he probably knew the rules, but those associations can be weird sometimes, and they can bury that crap in a mess of legal stew to the point that people don't take the time to comb over every little detail. Plus, I don't think the man denied that he knew the rules, clearly he just thinks they are complete crap (which they are).

I think it goes both ways. When you say "nobody cares", clearly that is not the case. Sure, there are people who don't give Soldiers and Vets the respect and credit they deserve. Still, the only reason this story made the news is because he fought back and people are getting behind him. He might have some yuppie neighbors who are siding with the HOA, but if you took a poll across the whole country I would be willing to bet that the overwhelming majority would say screw the HOA.

Jimmy Mack
12-04-2009, 04:43 AM
According to the rules of the HOA, there is no regulation against the placing of the flag pole, also it is against the law for a HOA to restrict the placing or flying of the American flag.
Freedom to Display the American
Flag Act of 2005’’.

It states:SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
A condominium association, cooperative association, or residen-
tial real estate management association may not adopt or enforce
any policy, or enter into any agreement, that would restrict or
prevent a member of the association from displaying the flag of
the United States on residential property within the association
with respect to which such member has a separate ownership
interest or a right to exclusive possession or use.

There is a limitation in the section below, which reads: “SEC. 4. LIMITATIONS.
Nothing in this Act shall be considered to permit any display
or use that is inconsistent with—
...
(2) any reasonable restriction pertaining to the time, place,
or manner of displaying the flag of the United States necessary
to protect a substantial interest of the condominium association,
cooperative association, or residential real estate management
association. “
There were no restrictions at all about a flagpole when Col. Barfoot moved in, he asked their permission which he did not have to do because there were no restrictions in place prohibiting the placement of the flag pole.

flo
12-04-2009, 05:08 AM
Well, then that makes it even worse :-(

rockdawg21
12-04-2009, 12:04 PM
Too bad the guy isn't black, then he could just pull the race card.

County Mike
12-04-2009, 02:27 PM
Those neighborhood homeowner's things are such crap. So glad I live out in the sticks where people pretty much leave each other alone. I've built towers for my paintball field, erected all kinds of forts and bunkers for the games, designed an obstacle course for the fight team that includes tractor tires and such.

No way I could get away that in a development. However, the flag pole should stay no matter what. Stupid rules NEED to be challenged.

VCURamFan
12-04-2009, 07:12 PM
The ACLU has gotten involved & says he needs to take it down.:wacko:

Jimmy Mack
12-04-2009, 08:30 PM
ACLU....Asinine Criminal Losers United

Chuck
12-04-2009, 10:09 PM
Update????

Jimmy Mack
12-04-2009, 10:48 PM
The lawyers and HOA gave him a week, now it is next Friday before he has to rid his yard of flagpole

Crisco
12-04-2009, 10:51 PM
The lawyers and HOA gave him a week, now it is next Friday before he has to rid his yard of flagpole

I think the old man should keep it up and let them put him in jail.


Or better yet move the flag pole to a different part of his yard so they have to start it all over again.

VCURamFan
12-04-2009, 11:42 PM
I think the old man should keep it up and let them put him in jail.


Or better yet move the flag pole to a different part of his yard so they have to start it all over again.

There's no jail time. It's a $10/day he leaves it up past the dead-line.

TexasRN
12-04-2009, 11:43 PM
There's no jail time. It's a $10/day he leaves it up past the dead-line.


Has anyone started a fund to pay his fine for him so he can keep it up? :laugh:


~Amy

Jimmy Mack
12-05-2009, 12:51 AM
He has a law firm that is representing him gratis, plus a lot of people from all over that are standing by him. The HOA has no chance of winning.

VCURamFan
12-05-2009, 01:43 AM
He has a law firm that is representing him gratis, plus a lot of people from all over that are standing by him. The HOA has no chance of winning.

Yeah, our senators are standing by him, too.

KENTUCKYREDBONE
12-05-2009, 12:42 PM
I hope that HOA gets in all kinds of trouble over this!

Crisco
12-07-2009, 04:18 PM
I hope that HOA gets in all kinds of trouble over this!

I can't believe they are still fighting it.

They should just lay down

rearnakedchoke
12-07-2009, 05:43 PM
I can't believe they are still fighting it.

They should just lay down

nah man, then every person will put up whatever they want ... i understand that it is an american flag, but rules are rules ...

Buzzard
12-08-2009, 01:29 PM
nah man, then every person will put up whatever they want ... i understand that it is an american flag, but rules are rules ...

It appears that he didn't violate any rules though. There are also rules in place which were cited in a prior post saying that they couldn't prohibit the placing of an American flag.

I believe the vet will win this when it all ends.

Llamafighter
12-08-2009, 02:09 PM
A guy that fought in three wars and earned the CMH should be able to do whatever the hell he wants. I think during wartime especially there should be absolutely NO restrictions on patriotism. If it were the months after 9/11 his neighbors would be begging him to erect one in heir yards too.

rearnakedchoke
12-08-2009, 03:31 PM
It appears that he didn't violate any rules though. There are also rules in place which were cited in a prior post saying that they couldn't prohibit the placing of an American flag.

I believe the vet will win this when it all ends.

ok . i didn't see that ... if no rules were broken, than there is no issue ... let him fly the flag ...

and why is the thread called "medal of honor winner"? he didn't win anything, but earned it ...

rearnakedchoke
12-08-2009, 03:34 PM
A guy that fought in three wars and earned the CMH should be able to do whatever the hell he wants. I think during wartime especially there should be absolutely NO restrictions on patriotism. If it were the months after 9/11 his neighbors would be begging him to erect one in heir yards too.

hold on now .. what type of flagpole are we talking about?

County Mike
12-08-2009, 04:07 PM
Actually, the HOA rule said that flags could be placed ON the house (the type that stick out from the house, on an angle). It did not say a flag pole could be erected in the yard. That's the difference and why they're saying he can't do it.

I believe the HOA should make an amendment to the rules to allow a flag pole in the yard. If they want to impose height restrictions, that could be up for debate but they should at least vote on it or something.

Llamafighter
12-08-2009, 04:42 PM
hold on now .. what type of flagpole are we talking about?

I'm picturing something with a base like you'd find outside a school or amory.

VCURamFan
12-08-2009, 04:55 PM
I'm picturing something with a base like you'd find outside a school or amory.

It's just a metal pole stuck into a cement footer.

Llamafighter
12-08-2009, 05:43 PM
It's just a metal pole stuck into a cement footer.

:scared0011: the horror!

Neezar
12-08-2009, 06:49 PM
:scared0011: the horror!



At least it isn't in a 5 gallon bucket. :laugh:

Jimmy Mack
12-08-2009, 06:54 PM
quote "It did not say a flag pole could be erected in the yard." quote

It doesn't say one couldn't either

Jimmy Mack
12-08-2009, 06:58 PM
ok . i didn't see that ... if no rules were broken, than there is no issue ... let him fly the flag ...

and why is the thread called "medal of honor winner"? he didn't win anything, but earned it ...

I know he earned the medal, I was just so angry about this that I just posted what the headlines said....sorry

KENTUCKYREDBONE
12-08-2009, 07:41 PM
Actually, the HOA rule said that flags could be placed ON the house (the type that stick out from the house, on an angle). It did not say a flag pole could be erected in the yard. That's the difference and why they're saying he can't do it.

I believe the HOA should make an amendment to the rules to allow a flag pole in the yard. If they want to impose height restrictions, that could be up for debate but they should at least vote on it or something.

Actually that wasn't specified in the original rules but the Board voted to make it that way on the grounds that a Flag pole wasn't pretty enough! On a side note I can't see myself belonging to an HOA because I think I should be able to do almost anything I see fit on my own property!