Jupiter homeowner faces foreclosure for flying U.S. flag

Sun-Sentinel ^ | 11 Sep 2003 | Peter Franceschina

[Rick.Donaldson]

Defiant flag flier George Andres once again is facing the prospect of losing his Jupiter home after a Palm Beach County judge ruled Wednesday that his homeowners association could go forward with a foreclosure sale next month to collect legal fees.

Andres, a Marine veteran, said he was worried about losing his home, but he vowed to appeal the latest ruling in a legal saga that has spanned more than two years.

[Rick.Donaldson]

If those bastards can BURN a flag on public property, then ANYONE ought to be able to fly a flag on their OWN private property!

[Sunshine Sister]

Amen to that!

[CanisMajor2002]

[cincinnati65]

Better yet, if burning the flag is supposedly Constitutionally protected free speech, then why is flying the flag not considered the same?

[Rick.Donaldson]

I thought I said that??

I'm wondering if the Freepers in that area (if there are any) have actually been following this story for the last couple of years, and if not, why not? Why are they out there protesting this nonsense?

[TopQuark]

Better yet, if burning the flag is supposedly Constitutionally protected free speech, then why is flying the flag not considered the same?

"Free speech" refers to your relationship with the gov't: the latter shuold not interfere with your exercies of it. This does not mean that a private citizen or an organization cannot interfere: I have no right of free speech in your house, for instance; if you get terribly upset with what I say, you can throw me out.

Home-owners association is a private organization, and your speech within it is not free.

[gdani]

Better yet, if burning the flag is supposedly Constitutionally protected free speech, then why is flying the flag not considered the same?

Except that the Bill of Rights only applies to Govt action. There is no Govt action here.

[gdani]

If those bastards can BURN a flag on public property, then ANYONE ought to be able to fly a flag on their OWN private property!

As ridiculous as the controversy is, this person should have never chosen to live under the authority of the homeowners association.

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

[TopQuark]

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

For two reasons: (i) one typically LIKES the bylaws of the association and thinks that they'll keep the value of the propery up, and (ii) in some areas it is not the question of whether to live within an association but which of them -- there are hardly other choices.

[coloradan]

Property values. (Allegedly.) Glad I don't live in one!

[SONbrad]

Wrong, Wrong, Wrong.

I lived in a Homeowner's Association for 4 years...I still own the townhome as rental property. They also tried to tell me that I could not have a garden flag outside my front door. I fought them and won by showing how ouotlandish their "by laws" were and how they were not enforced unilataterally. It did not even go to court since I threatened them with discrimination law-suits as well.

Homeowner's Associations are also not "dictatorships". This fellow needs to start a campaign with other homeowners and take over the association which can be done fairly easily since most associations do not have a large amount of participation. In most cases you can do it by getting only 20% of the residents to be active and support you.

One recommended link for more information is...

http://www.oag.state.ny.us/realestate/home_prob.html

[Skooz]

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

Me niether. In a nation which has spilled so much blood for freedom, why anyone would pay money to live in a little communistic community controlled by a power-mad politburo mystifies me. To pay good money for a home, and then willingly allow others the power to take away that home, borders on insanity.

[Labyrinthos]

Why someone would choose to subjugate themselves to even more authority with one of these groups I'll never know.

Although I would never buy real property where I had to be a member of a homeowners' association ("HA"), many people do for several reasons. First, they either don't read the purchase contract of prospectus, or don't truely understand or appreciate the powers of an HA. Second, HA's are able to enact private zoning and land use restictions that go beyond the powers of local government, which are subject to constitutional and statutory restrictions (although that's hard to believe in view of the last few SCOTUS decisions on the government's right to restrict private land use). Third, HA's are often more responsive and efficient than the local town board, highway department, or zoning enforcement administrator, who may take months to fill in a pot hole or to commence zoning enforcement proceedings against your neighbor who keeps a herd of goats grazing in the front of his 1/16th of an acre parcel, in violation of the local zoning code.

[TopQuark]

I am glad you have prevailed in your battle.

However, I could not find a single word in your post that was related to mine. Was it addressed to me in error?

[af_vet_rr]

This is why I despise homeowner associations. They may start out with a good premise, but the busy bodies figure out how they can get a little bit of power over their neighbors, or really screw with those they don't like. I've seen more bad than good come out of homeowner associations.

Everybody repeat after me, flying an American flag will not lower your property values.

[Liberal Classic]

Mr. Andres' house is on the right of this photo:

[SONbrad]

My point is that you stated in your post that your speech was not "free" in a homeowner's association. That is untrue. Your speech is just as free there as anywhere. However, like anywhere else, sometimes you have to fight to retain that right from those that would try to suppress it.

[J. L. Chamberlain]

Ping!

See? I told you these covenant people are communists.

J

[Liz]

Andres should threaten them with (1) discrimination, (2) hate crimes, and, (3) inflcting emotional distress on him and his family by impeding his ability to display his love for his country.