Medal of Honor recipient Sued for flying Flag

[Fletch]

So if they decided that an occupant's epidermal melanin content was an "aesthetic standard" would that be OK?

I'm sure the HOA is specific enough about the standards being with regard to the property and house, rather than the race of the occupants. The sad fact of HOA agreements is that you voluntarily cede some or all of your property rights to the HOA, from the color you're allowed to paint it, to the shingles you can put on the roof, to the structures you can erect in the yard, to everything else. My cousin isn't even allowed to mow her own lawn -- they're required by the contract to hire it done. That's why I won't live in one.

 

[Fletch]

if it were a flower bed, i might understand... but he is a MOA earner trying to fly an american flag.... when they clearly stated they had no problem with smaller american flags... unless i am missing something, i dont think ANY hoa should be allowed to tell you how to, or not to, fly an american flag.

On this I actually agree. However, the time to fight this battle is when you're agreeing to the contract, not after it's been signed.

I would support just about any sort of social censure against these people, because I think they're turds. Just because it's legal doesn't make it right. But at the same time, HOA's need to be driven out of business by people boycotting those neighborhoods, not by getting the feds involved. Using the force of government to override contracts is a nasty business.

 

[eatsnopaste]

if it were a flower bed, i might understand... but he is a MOA earner trying to fly an american flag.... when they clearly stated they had no problem with smaller american flags... unless i am missing something, i dont think ANY hoa should be allowed to tell you how to, or not to, fly an american flag.

I don't either, but the courts have said that these associations are legal, so if you move into a neighborhood that has one you shouldn't be surprised when they decide to tell you how to live. Why is it you only hear about HOA's when they tell someone what they can't do but not when someone sells their house and they got more for it because of the condition of the community, due in part to the standards set and maintained by the HOA.

 

[qwkdrwmgw]

This guy just like all the other American soldiers risked their life to give you a free pass and you are saying you can't give him a free pass. If he didn't do what he done or the rest of the American soldiers doing what they've done we might not even have the right to be discussing stuff like this on here. So give the man his (free pass) if thats what you want to call it, he deserves it and everyone knows it (except some dumb HOA)

 

[Andy219]

Henrico Medal of Honor winner, 90, ordered to remove flagpole | Richmond Times-Dispatch

I went to this story online and under the story they have a share function. I shared it on my facebook page along with the telephone numbers and asked my friends to call. So all of you with facebooks, you should do the same, lets get the word out and help this guy who served and fought for our freedom for through 3 wars. Thanks.

 

[ferg409]

i think its wrong they should respect him for duty to his country . let him have the flag pole he earned it.this is whats wrong with country now.

 

[ratfortman]

the phone numbers i posted were for the law firm representing the HOA;the ones bringing suit against Col. Van T Barfoot
Sorry if i didnt make that clear.
I agree that it may be tough to win this argument in court,but maybe enough pressure and publicity will yield some good results.
It would make me smile to think of him waiting in his upstairs window with his ------ of choice if they decide to come and take it down.

 

[nova512]

that man deserves to have that flag for what he's done to hell with those godless unpatriotic idiots.

 

[hornadylnl]

Anyone still think this country is worth saving?

 

[dburkhead]

Anyone still think this country is worth saving?

Cherryl Brooks
Eddie Willers
Wet Nurse (Tony)

None of them were "worth saving" to Mr. Galt.

 

[ChalupaCabras]

Nothing against his valiant service here, but I don't see where he gets a free pass. He signed a contract and now doesn't want to live within the boundaries of said contract. He had, and still has the choice of not living under his contract. Just sell the property and move. He really shouldn't have moved there in the first place if he didn't want to live under the HOA contract. Sorry, I can't give him a pass on this, regardless of his military service status and bravery in the past. A contract is a contract. The HOA is seemingly holding up their end. Where's the honour in not upholding his end of the bargain?

Read the story. There is nothing in the home owners agreement that forbids flag poles. The HOA simply doesn't like HIS flagpole.

 

[Fletch]

Read the story. There is nothing in the home owners agreement that forbids flag poles. The HOA simply doesn't like HIS flagpole.

It has nothing to do with who owns it. According to the story, the HOA doesn't like free-standing flagpoles:

These flagpoles are apparently OK:

And apparently the HOA has the legal right, established by contract, to make that determination on the basis of what they think is aesthetically pleasing.

 

[hornadylnl]

Cherryl Brooks
Eddie Willers
Wet Nurse (Tony)

None of them were "worth saving" to Mr. Galt.

What you are forgetting is there was a place for people like them in the Gulch.

We aren't talking about a few rouge politicians here. The communist ideology has permeated at least a third, if not half of our society. Yes, we can defeat this batch of rogue politicians but there will be a new crop worse than current batch to replace them.

 

[one more]

What are you talking about a free pass? Number one, if it came down to a free pass Yes he does rate a free pass and more. Number two this isn't about a free pass. As noted in the original post there is nothing in the rules that forbids a flagpole. So why would you say he is trying for a free pass? It seems to me if no one complained why deny it? Maybe we don't have the full story but it doesnt set right with me. The man deserves more respect than what he is getting.

From the article: "There is no provision in the community's rules expressly forbidding flagpoles...."

Looks to me like they're the one's trying to change the rules on him.

I feel the HOA needs to set down and shut up! They have nothing in the rules about a Flag Pole being a no go. My parents before they bought a lot in a HOA subdivision they got it in Writing that a Flag Pole was ok. The HOA rules had nothing about a Flag pole just like Col Van T. Barfoots HOA rules. My parents knew that a number of HOA have nothing in the rules but if you put one up they will go after you. That is why they got it in writing before they bought the lot. And you guessed it after the house was built and the Flag pole went up there were some that wanted it down. The papers saying that it was ok came out and they all set down and shut up. I will have to look but I think Dads Flag pole is not the only one anymore. To bad Mr. Barfoot did not get it in writing before he moved in!

This guy just like all the other American soldiers risked their life to give you a free pass and you are saying you can't give him a free pass. If he didn't do what he done or the rest of the American soldiers doing what they've done we might not even have the right to be discussing stuff like this on here. So give the man his (free pass) if thats what you want to call it, he deserves it and everyone knows it (except some dumb HOA)

i think its wrong they should respect him for duty to his country . let him have the flag pole he earned it.this is whats wrong with country now.

I agree here 100%

one more

 

[Goodcat]

They should setup somewhere you can pay $ toward his lawyer fee's :-)

 

[Fargo]

And apparently the HOA has the legal right, established by contract, to make that determination on the basis of what they think is aesthetically pleasing.

That statement only assumes about a dozen facts not in evidence. Anyone can sue anyone over anything in this country. If you think that threatening to file a suit establishes that you have "a legal right" you must not have much experience with the legal system.

Also, most contracts are filled with provisions which are unenforceable and void as a matter of law. Just cause the paper says it, doesn't automatically mean it actually has legal effect.

Joe

 

[Fletch]

That statement only assumes about a dozen facts not in evidence. Anyone can sue anyone over anything in this country. If you think that threatening to file a suit establishes that you have "a legal right" you must not have much experience with the legal system.

The article says:

Barfoot lives in the Sussex Square community in far western Henrico; its board of directors rejected a plea from Barfoot in July to approve the pole, disallowing the fixture on aesthetic grounds.

Why would Barfoot plead with the board to approve the pole, if they had no power to disallow it? If they had no power to disallow it, the only thing he needed to do was wave a middle finger at them and tell them to get off his lawn. Obviously they have some power here, and this power is somehow tied to their collective/subjective aesthetic sensibilities.

 

[Beau]

Mr. Barfoot is bound by the agreement he signed. From what I've read the HOA gets to decide what is aesthetically pleasing. If they say no to a flag pole then that's that.

I'm not sure on this but I think that there is way to override a decision made by the HOA using a community vote. If he has that option that is the way to go.

I live in an HOA. I am getting ready to move and if I can help it I will not live in one again. Most people don't realize the things they could be subjecting themselves to when they move into one. Mr. Barfoot's situation is sad. The people(HOA) that is doing this are pathetic. But it is what it is. I really don't see what some of you hope to accomplish by calling the law firm representing the HOA.

 

[one more]

It has nothing to do with who owns it. According to the story, the HOA doesn't like free-standing flagpoles:

These flagpoles are apparently OK:

And apparently the HOA has the legal right, established by contract, to make that determination on the basis of what they think is aesthetically pleasing.

I feel the HOA needs to set down and shut up! They have nothing in the rules about a Flag Pole being a no go. My parents before they bought a lot in a HOA subdivision they got it in Writing that a Flag Pole was ok. The HOA rules had nothing about a Flag pole just like Col Van T. Barfoots HOA rules. My parents knew that a number of HOA have nothing in the rules but if you put one up they will go after you. That is why they got it in writing before they bought the lot. And you guessed it after the house was built and the Flag pole went up there were some that wanted it down. The papers saying that it was ok came out and they all set down and shut up. I will have to look but I think Dads Flag pole is not the only one anymore. To bad Mr. Barfoot did not get it in writing before he moved in!

To be more specific, in regards to my parents and the HOA they moved into. People had the short poles on their houses but there were no free standing flag poles. Dad wanted a free standing pole so he asked about it when they were looking at the lot. At first they told him they would have to check and give him the run around about it. When he was told a free standing one would be ok he said, “can I get that in writing please”. They give it to him in writing and that is the end of the story. At one time with the people that were complaining about it, he was thinking about putting a second one up so he could put the Indiana State Flag on that one and fly both!

 

[Fargo]

Why would Barfoot plead with the board to approve the pole, if they had no power to disallow it? If they had no power to disallow it, the only thing he needed to do was wave a middle finger at them and tell them to get off his lawn. Obviously they have some power here, and this power is somehow tied to their collective/subjective aesthetic sensibilities.

Yeah, they have the power to pay a filing fee and drop a complaint off at the court. Until they prove they have enforceable contractual rights, that is the extent of their power.

Barfoot would ask them to approve it so he wouldn't get hassled like he is and because he legally and practically probably has to exhaust his administrative remedies before he can fight this in court; asking them to approve it in no way is an admission that they have the LEGAL right to disallow it.

This is a contractual dispute over HIS property. The board lacks any legal authority to actually disallow it until the court says they have it. Like I said before, contractual provisions are often unenforceable.