Medal Of Honor winner in fight with HOA

-- 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]

Originally Posted by Jimmy Mack

-- 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...

Originally Posted by Jimmy Mack

-- 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]

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.]

Originally Posted by logrus

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.

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]

Well, then that makes it even worse :-(

[rockdawg21]

Too bad the guy isn't black, then he could just pull the race card.

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]

The ACLU has gotten involved & says he needs to take it down.