Posted on 04/12/2011 6:33:50 PM PDT by Jim Noble
GILFORD – The wife of a soldier serving in Afghanistan has hired a lawyer to take on her condo association for not only refusing to allow her to display the American flag, but refusing to reimburse her for one damaged this winter by workers at the 137-unit development.
Geri Farnell of the Samoset Condos, 2696 Lakeshore Road, said she is headed to small claims court.
"The flag represents what he does. It's his life," she said of Troy Farnell, who is in the First Special Forces Group. "I thought New Hampshire was incredibly patriotic. But maybe not."
Troy Farnell, deployed in early February, is 49. He has spent his career in the military. Geri Farnell said she served in the military for four years. The two have been married 14 years and owners at the Samoset the past four years.
Ever since they moved in, Farnell said, she has had a flag on a pole outside their residence.
She said she was aware that the condo association had a policy about objects displayed outdoors. She asked permission for the flag and a bird feeder; the property manager at the time told her to go ahead. Her neighbor put a flag out as well.
Monday night, during a walk around the complex, many decorative flags could be seen on doors.
Last summer, when contracted roofers were doing work at the development, Farnell said her flag was sheared off on its pole and left on the ground.
"I went and got a new one," she said. She put it on a more solid stand. This winter when contractors again came to the units, this time to shovel snow off the roofs, the flag was again knocked to the ground. This time it was left buried under feet of snow and ice.
"I couldn't even pull it out from under the (ice) chunks," said Farnell. She gave Evergreen Property management two calls. She said eventually someone dug out the flag and left it on her porch. But it was damaged.
She sent a bill to the condo association for about $80.
She received a letter dated March 29 from Lorie Paquette, association manager. It indicated the condominium association was not going to reimburse Farnell, and she was not going to be able to fly Old Glory anymore.
"Flags are a direct violation of the rules and regulations and therefore, the association shall not be responsible for replacement," Paquette wrote.
A message left on Paquette's voice mail Monday was not immediately returned.
Paquette attached to the letter a copy of the rules and regulations. They were adopted Nov. 4, 2010, and made effective Dec. 1, 2010.
While the rules do not spell out "flags," the list of forbidden outdoor items includes rugs, towels, decorations, sports equipment, including lawn games, kayaks and canoes "so as to be visible" at the condominiums, which are only feet away from Lake Winnipesaukee.
Farnell said her husband "can't even believe it. And now I am in direct violation. I can't even put my flag back," she said.
She said she is prepared to go all the way to the Supreme Court with her fight. But she doesn't necessarily want to do that. It would be nice, she said, just to get the flag back up before her husband comes home from war.
Question, what were the rules of the association when they agreed to purchase or rent from the owner? That is all that matters.
Put it back up and dare them to come take it down.
read the article, your answer is there.
Partially... New England has 'Rat infestations galore. The Massholes from the south are like metastatic cancerous spread to NH. Fight them back to their dark caves.
She wins a case for sure. “Flags” are not listed. Go for it Madame! Rock solid case on your behalf.
I think the moral of the story is: “Don’t buy a condo, or within a Homeowner’s Association.”
Flags are not “decorations” and they were not specifically listed in the prohibition list (which should never have been intended to include our country’s flag).
If they are constitutionally protected in terms that that can be legally burned, then they are constitutionally protected as free speech (Johnson v. Texas) when they are flown, anywhere.
SUe the damned condo association and take it to the Supreme Court. You’ll end up owning the association and then you can fire all these leftist bastards.
Make them pay, and pay, and pay.
If Bill Loeb, the late, great owner of the Manchester Union, were still alive, he would have the faces, names and addresses of all these leftist aholes on the front page with an invitation for patriotic New Hampshireans to come over to these people and voice their concerns at this censorship.
Bill, I miss ya. Great old-time editor, patriot and friend.
In my country, this would mean the lynching of the people who disrespect the national flag!
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