Posted on 12/05/2009 1:34:25 PM PST by StarCMC
Aren’t you being a tad ridiculous?
Home owners insurance covers a child stupid enough to run headlong into a flagpole
This appears to be a Sharia Law organization. If you google it, it appears that David M. Davenport is the only member.
The HOA was not concerned with the flag pole being dangerous. They decided that it was not aesthetically pleasing to them.
I'm not aware of any home owners insurance that covers accidents cause by placing objects on property that is not owned by the home owner.
I agree that this seems ridiculous but that's the ridiculous world we live in where everyone wants to sue. Our community was required by the insurer to put up a sign that read "no diving" even though there is only 6 inches of water at high tide and you can clearly see the bottom. I'm all for the right for this man to fly his flag, but it must be done on his own property.
The HOA should simply sell him the land that the pole was built on and make this bad PR go away.
BTW, Thank you for your service and thanks to this hero as well. Everyone should be able to fly their flags and I do hate HOA's- but I just think in this one case there are more facts that need to be looked at.
Aesthetically pleasing or not, its not his property. If my neighbor builds on an easement or on my property-I don’t care how pretty it looks-its not his property.
As stated above the simple solution is to sell this man the land the flagpole is illegally built on.
Governor Signs Residential Flagpole Legislation into Law Fri, 2008-05-30 12:44 — Greg Giordano
State Senator Mike Fasano sponsored legislation that will allow members of mandatory homeowners associations to erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner's real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association. The flagpole must not obstruct sightlines at intersections and cannot be erected within or upon an easement.
The legislation was prompted by a Tampa Bay area family whose son, on leave from service in the Middle East, erected a flagpole to honor his family’s military service. The homeowners association objected. Senator Fasano filed the bill so that all Floridians would have the right to display the American Flag on their own property in a manner that would be respectful to the flag and to their fellow residents.
The legislation also allows a homeowner to display, in a respectful manner from that flagpole, one official United States flag, not larger than 4 1/2 feet by 6 feet. Additionally, the homeowner may display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Any additional flag must be equal in size to or smaller than the United States flag.
“Anyone who wishes to honor this great country and those who serve it now have the right to do so without fear of interference from homeowners associations,” Senator Fasano states. “The sacrifices made by every single person who puts on the uniform of the United States Armed Forces can now be honored by residents who may choose to install a flagpole on their own property.”
Governor Charlie Crist signed the legislation into law on May 28, 2008. The law takes effect on July 1, 2008.
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Even these supporters of flagpoles against HOA's recognize they must be built on your own property.
If the pole violates the real estate covenants he agreed to by buying the home, then that’s the rules and the HOA puts itself in a huge legal bind if they allow him an exception but enforce it on others.
Heros are supposed to play by the rules too.
Don’t like the HOA? don’t move into its jurisdiction - or, as I did, if you do move there then get on the board ASAP.
How do you know the original owner did not install the flagpole?
and if it’s not Col. Barfoot property why doesn’t the HOA ask the ACTUAL owner of the property to removed it?
That would make more sense than attacking a recipient of the Medal of Honor, just tell the owners of the house to remove the flag pole.
The Col. stated in media interviews he asked permission to build it and was denied. He then built it anyway.
and if it’s not Col. Barfoot property why doesn’t the HOA ask the ACTUAL owner of the property to removed it?
From what I have read, it is community property so I would assume the HOA is the owner.
That would make more sense than attacking a recipient of the Medal of Honor, just tell the owners of the house to remove the flag pole.
The Col. is the owner of the home.
Clearly it is on the property of the house since it is flanked by the very shape of the house on two sides so it is not on community property, unless the community owns the land the house is built on.
You keep changing the story, first the Col. didn’t own the house and now he does, which is it?
Or does it really matter?
The HOA should put a flag Pole in front of the community and invite The Colonel to raise it and lower it there every day.
That would be the logical thing to do, but this case isn’t about logic, it is about The exercise of power over an individual by a collective.
And it is abusive towards a man this community should be honored to have in their midst.
The Sussex Square Homeowners Association never intended its request that Col. Barfoot remove his flag pole as an affront to his patriotism.
This is not about the American flag. This is about a flag pole. And Col. Barfoot is not being forbidden from displaying an American flag.
With its request that he remove the flag pole, the association was discharging its duty to all the owners in the neighborhood. The association's position has merit and is supported by its Bylaws, Rules and Declaration of Restrictions and Covenants.
The association is optimistic that this matter can be resolved in a way that is mutually satisfactory to all parties and looks forward to Senator Mark Warner's involvement toward that end.
Anyone who wishes to offer comments may do so at colbarfootsflagpole@gmail.com
Thank you,
Richmond, Virginia
Sadly it seems this is one of those weird neighborhoods where the community does in fact own the land around the home while the homeowner owns only the home itself.
You keep changing the story, first the Col. didn’t own the house and now he does, which is it?
I posted:
"-he does not own the property the flagpole was built on."
"-he is allowed to have a flagpole attached to his house.
-he is allowed to fly a flag from his house.
I'm not sure how much clearer I can be that he owns the home but not the property where the pole was built.
Or does it really matter?
Sure it matters, even the Florida law specifically made to stop HOA nazis from telling people no flag poles says you have to be on your own property. If the supporters of veterans in that state can figure that much out, I would assume other states would as well.
The HOA should put a flag Pole in front of the community and invite The Colonel to raise it and lower it there every day.
Great idea! Or simply sell him the property the pole is on.
That would be the logical thing to do, but this case isn’t about logic, it is about The exercise of power over an individual by a collective.
Which is why I hate HOA's.
And it is abusive towards a man this community should be honored to have in their midst.
Yes they should honor him but they did not start this fight. He asked permission to build the pole on community property and was told no. He went and built it anyway and now, nearly 6 months later, they are finally getting around to forcing him to remove the pole and fly the flag attached to his home like the many neighbors that fly flags from their homes.
Let me see if I get this right....
HOA are evil
The treatment Col.Barfoot has received from this HOA is wrong But...
We have no right to be angry or even protest because HOA’s write their bylaws in such a way so they can be a law unto themselves.
In short five or six people, some of whom may not even live in the community (the builders and investors of the property), can legally decide what is aesthetically pleasing to the eye and what isn’t and demand that those things that are not must be removed under the threat of fines and forfeiture of the property if their demands are not meet.
People have been shot for less.
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