Skip to comments.Biz executives pay fines for Florida vet facing eviction over flower pot flag
Posted on 07/04/2014 4:09:34 PM PDT by Innovative
In an act of patriotism this Fourth of July, a pair of business executives has paid the fines for a Florida veteran who faced foreclosure for displaying a small American flag in a flower pot on his front stoop.
The two senior executives for Los Angeles-based Lear Capital had read the story of 73-year-old Larry Murphree, of Jacksonville, whose homeowners association at Tides Condominium at Sweetwater began hitting him with fines of $100 a day last year for violating his homeowners associations flag display rules, and have offered to pay the bill which has climbed into the thousands.
Along with Lear Capital founder Kevin DeMerritt, the executives paid the $8,000 plus another $2,500 for tax adjustments.
(Excerpt) Read more at foxnews.com ...
But the big question is whether the condo association is going to continue fining the marine $100/day for flying the US flag... the article doesn't say anything about that.
I kind of thought it would be better for them to pay an attorney to sue the association and end this nonsense for good. A small flag in a flower pot does not pose a threat to association rules. Just like a kid in school drawing a picture of his Marine uncle with a weapon does not violate any gun zero tolerance crap.
“A small flag in a flower pot does not pose a threat to association rules. Just “
Not to mention that the association changed the rules specifically to make this against the rules.
From the original article:
” Murphree had agreed to display his flag in compliance with association rules. But two weeks later, the board changed the rules, saying flags could only be displayed and that flower pots were only for flowers.”
flower pots were only for flowers.—
What about ‘recreational flower POTs’?
Or Medicinal flower POTs?
Oh the Hugh High-Pockrazy
So the condo association gets a big pile of cash.
The idea of helping this vet is commendable, but I would have preferred to see this money used to launch a legal challenge against these fascist bastards.
They’re not called “HOA Nazis” and “Condo Nazis” for nothing.
(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.
(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowners real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally 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. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.
(c) This subsection applies to all community development districts and homeowners associations, regardless of whether such homeowners associations are authorized to impose assessments that may become a lien on the parcel.
(3) Any owner prevented from exercising rights guaranteed by subsection (1) or subsection (2) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners association document or rule that operates to deprive the owner of such rights.
There is also a federal law that should allow this flag display.
They are limited to $1000 but seemed to have forgotten.
Under the federal Freedom to Display the American Flag Act of 2005, no condo, co-op, or homeowner association can restrict its owners from displaying the U.S. flag on their property
This isn’t his first encounter with the HOA. There maybe more to this altercation
than we are aware of.
The veteran had a similar fight with the homeowners association last year and
he filed a lawsuit which was settled out of court. Now the homeowners association flag
display rules have been rewritten since then.
The HOA stated that "flower pots were for flower pots" which suggests it did not believe the vet was displaying the flag in a respectful manner. That is a close call but most, and I am betting a FLA jury with members in the armed services, would give the vet the benefit of the call, especially if he had a combat record.
So he paints an American flag on a flower pot...then plants flowers!
Goes back a few years. Here’s a little more info
The fight started in 2011 and landed in court a year later where the two sides reached a settlement in which Murphree agreed to display his flag in compliance with association rules. But two weeks later, the board changed the rules, saying flags could only be displayed on a pole outside the garage and that flower pots were only for flowers.
Murphree ignored the new rules and, in 2013, the fines started. He took the board to court again, this time to federal court where he claimed he had a right to fly his flag under the 2005 Freedom to Display the American Flag Act. But last March a judge dismissed the case on technical grounds. The judge said Murphree could also take his claimsto state court.
Now the board is claiming Murphree owes $8,000 and has attached a foreclosure lien for nonpayment. If the retiree doesnt pay up the board could start a foreclosure action to take his home.
“I’m not going to back down,” Murphree told FoxNews.com.
The board said in a statement Thursday that it has not prohibited any owner from properly displaying an American flag.
The Tides agrees with Mr. Murphree about demonstrating patriotism by flying the American flag, the statement said. We have established rules that conform with U.S. code and Florida statutes regarding flag etiquette, and we encourage residents to fly American flags in accordance with the state and national standards.
Michelle Haines, the boards attorney, said under Florida law the homeowner’s association can fine a condo owner $100 a day, but the maximum amount is $1,000. She said the board is foreclosing on Murphree for being delinquent on his monthly assessment.
How can these douches sleep at night?
But then, I've never been one to contemplate signing an HOA that rivals Sheldon Cooper's roommate agreement.
AHH the HSA. If you really want to see how Pol Pot would have been in any other day if he wasn’t a dictator attend an HSA meeting. The nastiest, meanest, vindictive, power hungry tyrants infest HSAs. Never again will I live in a neighborhood where I have to deal with those type of people
Agreed. I would rather live in a dumpster than be forced to acquiesce to those wannabe tinhorn dictators.
Good research. Invoke this statutory protection, demand restitution for the fines already paid, plus damages for infringing on your civil rights. Then insist that the association be prosecuted for violating the law.
Thanks! I’ve been concerned about the HOA coming after me if I were to put up a flagpole. I’m putting one up this weekend.
“Thanks! Ive been concerned about the HOA coming after me if I were to put up a flagpole. Im putting one up this weekend.”
When we purchased a lot in a minor subdivision 30 years ago the developer tried to set up an HOA, but we and a couple other property owners said no, so all we signed up for was a road maintenance agreement. My flagpole has been up for at least twenty years and it’s lit so the flag stays up until it wears out and has to be replaced.
flower pots were only for flowers.
I have a friend who bakes bread in a clay flower pot. These folks just need to think outside the box.
HOA rules do not supercede state law that protects displays of the flag like this one
In an HOA, nobody ever bothers me about the flag pole out front. Or sometimes I hang the flag vertically under the eave too. Nice neighborhood, pools, tennis courts, it’s like a resort.
If I owned a law firm I would send my most psychotic narcissistic egotistical lawyer to help people like this
= = = = = = = = = = =
Sounds like a job for Denny Crain’s Law firm.
Alan Shore and Denny should straighten them out in a short.
When this poor guy —who is just trying to live out his life,— SNAPS, everyone will wring their hands and blame everyone from the Corps to his parents.
Of course, if they foreclose on his home, he could always fit the curtain rods and vents with sea urchins and old shrimp.
Surprised there aren’t enough members of the ‘Association’ that are willing to oust the present board.
Only problem with that is when the new ‘board’ takes over, the thrust of POWER in the hands of one who has never led anyone or anthing before, turns them into Tin Despots.