Skip to comments.Decorated Veteran, 90, Fights to Raise Flag in His Yard
Posted on 12/03/2009 11:17:07 AM PST by Mrs. Frogjerk
A veteran of three wars who was awarded the Congressional Medal of Honor is now facing an unlikely enemy his neighbors.
Col. Van T. Barfoot, 90, has raised the Stars and Stripes every day at sunrise and lowered them every day at sunset since he served in the U.S. Army. But on Tuesday he received a letter from the law firm that represents his homeowners' association, ordering him to remove the flagpole from his Richmond, Va. yard by 5 p.m. on Friday or face "legal action."
(Excerpt) Read more at foxnews.com ...
The homeowners Association acn stick it as far as I am concerned.
Way to thank a veteran for their service!
Another post had contact info. I called and told them this veteran fought for the right to fly that flag, and have a flagpole to do it, and to leave him alone!
Many HOAs are breeding grounds for Control Freak Liberal Elite types, beware the nosy neighbor.
Colonel Van T. Barfoot has been featured on Free Republic at least once before:
Freeper Canteen ~ Hall of Heroes: Van Thomas Barfoot ~ 10 August 09
He moved into the Association knowing the rules and is forcing the issue - I am sure a flag on his townhome would have been fine but he installed a freestanding 21 foot pole on someone else’s (community) property.
He has to take some of the blame here.
My husband and I live in a community with a homeowner’s association. I am praying this veteran prevails. Good luck to him.
Is it really any wonder why the democrats have absolutely NOTHING in common with the American people?
His yard is “community property”?? I knew some goose-stepper would show up defending these fascist HOA.
Until the Obama administration... homeowners associations were the only true fascists organizations in the U.S.A. Now Mr. Barfoot, MOH recipient and true American hero once again must do battle with fascists! And as before, I suspect he will prevail! God bless him!!!
Grow up people. Some very patriotic war heroes are pricks.
From the article it appears he built a flagpole on property he does not own.
It also appears he is allowed to hang his flag, as other resident do, from his own property.
Just curious, if kids are running and playing in this previously open area and run into this newly installed pole-who would be legally responsible?
I’m sure the definition of community property was spelled out for anyone who bought there in the vast array of documents presented at closing. That someone is prevented from displaying the flag is pretty disturbing. Nonetheless - the error is in the headline referring to “his yard”. Evidently, like a lot of condominiums - there is no land area that goes, in fee simple, along with the unit. So it’s not “his yard”.
YEP.....when you BUY into a “community” with an HOA....YOU KNOW DA*N well who owns what.....YOU own ONLY the walls of your unit from the inside (usually including the sheetrock).....that’s it.....everything else is joint ownership of one form or another.
homeonwer associations are little more hten small communist government at street level.
If he doesn’t actually own the yard, then you’re right. I assumed it was his property.
Well, actually, there is apparently no rule against flags or flagpoles. Just vague rules against eyesores. Is a flagpole an eyesore? They are pretty traditional in our country.
As someone pointed out on an earlier thread, this could probably be shot down in court, as an ex post facto change in the rules. But it would take money for a lawyer to defend him.
If the Association goes ahead and sues, I expect they will lose. But it will be expensive for all concerned--and very silly, not to say unpatriotic.
In my Association I have a flag on my house. I have been on a Board and Board President for many years - Boards are neighbors and we don’t like problems or bad feelings with our neighbors either.
In this case, his “yard” IS community property.
Many developments, particularly those which market to retired folks, are set up as condominium-type communities. Under these types of arrangements, typically only the house itself belongs to the “homeowner” and the grounds belong to the association. Some of them even take maintenance responsibility for the exteriors of the dwellings (roof, siding, etc.).
These arrangements can be “convenient” for the homeowner, who will never again have to mow, trim, clean gutters, etc., but they ALL involve signing away some (or all?) of your individual property rights in exchange for the “privileges” offered.
I’m not defending the arrangement; I’m just saying “these are the facts”.
I urge anyone who is considering moving into a community such as this to VERY carefully read and study EVERY WORD in every document realated to the homeowners/property owner association, deed restrictions, covenants and agreements BEFORE signing on the bottom line and committing yourself to a regulated lifestyle.
With that said, I do not doubt that the board of directors of this property owners’ association CAN make this American hero, Col. Barfoot, take down his flag pole. The REAL question they should ask themselves is: What real, quantifiable GOOD will it do for our community to take this action. I think if they answer that question honestly, the board will change their mind and allow it to stay. A special permit which expires upon the gentlemans death would be one reasonable solution.
Do people here even take time to read the article before posting a comment? I can’t believe any Freeper that took the time to read the article would still be supporting him.
1. Flying the flag is ALLOWED, if flown on a pole mounted on the house.
2. Putting a 21 foot flagpole (higher than a 2 story house) in the middle of the front yard was never allowed.
3. Mr. Barfoot knew of the rules BEFORE he purchased his property, and decided to purchase the property anyway (rules and all.)
4. AFTER he purchased his property, he asked the homeowner’s association to change the rules. His request was denied.
5. Since he didn’t get his way, he decided the homeowner’s association rules (which he knew about and agreed to when he purchased the house) shouldn’t apply to him so he erected the flagpole.
6. Now that someone has pointed out that he is violated the homeowner’s agreement that he FREELY ENTERED INTO, he is playing the viticm.
I appreciate his service and sacrifice, but when you enter into a contract (and that is what a homeowner’s association is) then you are obligated to keep that contract.
He is NOT being denied the ability to fly the flag.
The issue is a 21 FOOT FLAGPOLE in the middle of his front yard. The type of flagpole usually found in the front of schools, corporate offices, or government buildings such as post offices.
A Richmond law firm, Marchant, Honey & Baldwin, offered yesterday to represent Barfoot at no cost, partner John Honey said.
In a statement released last night, the association said Barfoot is in direct violation of its board’s July decision to deny his request to erect a flagpole.
“This is not about the American flag. This is about a flagpole,” the statement reads, noting that many homes in the neighborhood display the American flag.
Margaret Nicholls, Barfoot’s daughter, said last night that the statement is using semantics to back up a board decision about the pole that was made on aesthetic, not regulatory grounds. There is no covenant that expressly forbids flag poles, she said.
Warner has known Barfoot for years and has a high regard for him, Warner spokesman Kevin Hall said. “The senator definitely wants to step in to get something resolved.”
Nicholls said her father’s phone “is ringing off the hook.” Members of the 157th Infantry Unit, with which he served, have called along with scores of people concerned about Barfoot’s welfare, she said.
You yelling at me? I was the one getting a beat down because I read the article and got blamed for supporting the hoa.
A Medal of Honor can be a prick if he wants to be.
I'm just curious. Where did you read that? It was my understanding that the flag pole was in his front yard.
I hate zero tolerance. The man is 90 years old, fought his whole life for his country, and was graced with a distinguished Medal of Honor. So, technically, maybe he shouldn’t have put up a flag pole on community property...but, so what, let the guy go...I think he’s earned the right to be left alone...at 90, it’s not like he’s going to have this flag flying for decades. If I was a resident of the community I would tell any objectors to get a life and not everything needs be enforced in their petty rules.
It can be a real pain
He went to war to defend a nation of laws. Now he wants to break the law. That doesn’t square-up.
That doesn’t seem to add up to me. And the last time I checked, the homeowners associations did not set the damned laws!
He’s a few blocks from my old house. He’ll be getting a Christmas card from me.
Damned right on that one!
Depends on the board. We had to move an old barn on our property to a new location because it was falling over and rotting from being stuck under a historic Japanese lilac tree (now 180 years old). We have three barns, and wanted to put this one to practical use as a garage.
We are in a “historical district” and had to go through an approval process. They said OK, but it has to be square to the house.
While I was off working, the contractor poured the foundation. It wasn’t quite square, because he had to fit it in between a septic mound, a pond, and power lines that run behind the house.
The Selectboard sued to set it square. We responded that there were other barns in the district that weren’t square, that we didn’t do it on purpose, and that there was no alternative. So, would they agree to reasonable modifications in the permit?
Long story short, after two years, three select board members were voted out, the suit was settled, and we still have our garage at the same slight angle. It cost the town $20,000 in legal fees and it cost me $2,000 in legal fees—because I didn’t feel the need to keep phoning my lawyer at big bucks per minute, and because my lawyer gave me a discount.
In other words, we’re all neighbors here, and we get along, but sometimes you can get a few big egos on a select board or neighborhood association.
He fought in three wars! He asked them to make an exception for him thinking that maybe, just maybe they would take that into consideration.
Unfortunately, he was wrong. People don't care if you risked your ass in war after war so that they could hold onto their freedom. Like the freedom to bust an old veterans balls over a damned flag poll!
HOAs can be a real PIA. On the other hand it’s nice to live in a neighborhood where your neighbor isn’t going to have a pack of dogs out in their backyard barking all night. But not to let someone put up a flag isn’t right.
“In other words, were all neighbors here, and we get along, but sometimes you can get a few big egos on a select board or neighborhood association.”
I understand. I had a Board member go around and on her own issued 148 letters to owners on such minor stuff it was silly. Lots of initial upset but when the whole board got together all the letters were pulled. You can have one or two but hopefully a full Board is more helpful then not to its community.
We have one guy now, our CC&R’s don’t allow antenna or sat dishes in public view, this guy just goes and puts a huge antenna strapped to his chimney in front of the house and all the neighbors are upset and he refuses to take it down.
It causes us problems and he tries to blame us.
Good post. However, logic will get you nowhere with some folks.
I thought this was America.
Let him fly his flag.
Second Lieutenant Barfoots official Medal of Honor citation reads:
For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans.
He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers.
Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17.
Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions.
Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks.
From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun.
He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech.
While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety.
Sgt. Barfoots extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.
“This is not about the American flag. This is about a flagpole,” reads the statement from the association, which insists that Barfoot directly violated its board’s July ruling.
And anyone that survived as a member of the 45th Infantry Division in Italy deserves to be one. I know,my Dad was one (both a member and a prick...kept me straight though)
Homeowner Associations are nothing but little busybody, socialist communes; every time I have looked around to buy a house I tell the real estate person, “No houses governed by an association, or otherwise.”
Ironicly, I had an uncle visiting recently that was wishing he had a homeowners association.
The guy with the lot that backs up to his decided he was going to start breeding dogs. When he steps out of his back yard he now has a view of a beat up back yard, a pack of dog, and the smell of dog ****.
A guy moved in next door to him that apparently has no idea of how to maintain his property. Literally has an old junked car in the back yard and knee high grass.
He has tried to get the county involved, but they say there is nothing they can do.
He has been trying to sell his house for a while (long before the real estate crash.) No luck. People tell him bluntly the reason is the neighbors. They have killed his property value.
I thought contracts were two-way documents, what does the organization provide in exchange for having censorship powers over the OWNERS?
No purple houses, junkers in the front yard, or (perhaps, if the morons would have specified it) freestanding flagpoles, which some people may very well find out of keeping with the aesthetics of a neighborhood.
I’d love to see photos of the yards and neighborhoods of the Freepers who swear they’d never live under CC&Rs.
I thought this was America.
Let him fly his flag.
he installed a freestanding 21 foot pole on someone elses (community) property.
In that case, the Association should get out there with a saw, and cut it down. I’d be royally pissed if a neighbor installed his preferred structure on property I had the contractual right to use without excluding others.
I think its unimaginable you sign away your right to do what you want on your own property.
You don’t like the restrictions? DON’T BUY! But please don’t act like those of us who prefer certain restrictions shouldn’t have that right.
It’s america. You should be allowed to erect a 21 foot flagpole on your lawn. I for one would be glad to see it. :)
I don't care. They should make the exception in this case solely based on his service to this country. Why the hell can't anybody do this? This isn't just anybody, read the guys citation for crying out loud! He did more in one day on the battlefield than some soldiers have ever done in their entire service!
Let him put up his pole if it means so much to him. He isn't doing this to bust chops, he is doing this because it means something to him. He likes the custom of raising the flag and taking it down as it is the custom.
Why pick this fight?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.