Posted on 12/05/2009 5:32:50 AM PST by Silly
No doubt you have heard of the flagpole complaint* against Col. Van T. Barfoot, a 90-year-old Medal of Honor winner and Choctaw Indian. His homeowner’s association is trying to force him to remove the flagpole on his property, for purportedly “aesthetic” reasons, even though the association’s bylaws do not expressly forbid free-standing flagpoles or vertical masts.
Hoping to catch a pedestrian’s eye view of Barfoot’s house using Google’s Street View, I looked up his Richmond, Virginia address in an Internet phone directory, and then plugged it into Google Maps. His house was not pictured; Google’s cameras have not reached his street.
What the map does reveal, however, was a surprise: Barfoot’s property is situated in a cul-de-sac at the end of a winding lane. The only way to get there is to turn off the main street (Gayton Road), enter the cloistered neighborhood, turn off Sussex Square Drive onto Coat Bridge Lane, and follow that street around a final curve to a dead end. In other words, only a few close neighbors in his association can actually see his house. Unless you live next door to him, you would have to go out of your way to see the flagpole (or the flag, which is what I believe this is really about).
Furthermore, his property lies at the outer perimeter of the development, which borders a large tract of open land. Visible by satellite, again using Google, you can see an adjacent area covered with brush, then a large open space, past which is a shopping or business development. So the opportunity to see his property is extremely minimal.
Not that any of this matters; the flagpole is only 21 feet high. Photos of his modest home shot from the street reveal that the pole barely reaches the top of the house and is in no way conspicuous. What cannot be seen cannot pose an aesthetic issue.
I am guessing, therefore, that it is one or two immediate neighbors who are making this an issue – either that, or some idle busybodies on the HOA board.
A CONVERSATION WITH THE FAMILY
While on hold with Mark Levin’s radio show yesterday to speak about this, I telephoned the Barfoot residence to confirm that I had the right address.
I was right. Barfoot’s son-in-law, Roger Nicholls, confirmed by phone that you’d have to go out of your way to see the pole. Their phone has been so bombarded, they have had to schedule people to answer calls in shifts, he said. Because of the lawsuit, he is not providing a lot of other information to the press. But it is not a happy time for this family; the lawsuit has caused Barfoot and the Nicholls – who live on the same street – an enormous amount of stress.
Mark’s show ended before I could speak to him on-air; I’ll try again Monday.
DISTINGUISHED AMERICAN HERO
Barfoot’s life and exploits during WW II are notable enough that he actually has his own Wikipedia article. The article was not created in response to the lawsuit controversy; it was first published over two years ago.
* At present there is no lawsuit against Barfoot – only the threat of one. The HOA, in a statement on their lawyer’s Web site, states that it is a “request.” Other sources indicate there is a $10 fine for each day he does not comply with the HOA’s request. On Thursday night (December 3), the HOA extended its deadline to December 11 – the anniversary of the U.S. declaration of war on Italy and Germany.
Good job Silly. I read the Wiki article and some of the news reports. My disgust at the worms that are attacking this hero and our flag is beyond words.
Again, the bylaws do not prohibit this.
Even Wikipedia admits:
“The association’s bylaws do not forbid flagpoles, but the HOA ruled Barfoot, aged 90, would not be allowed to use it “for aesthetic reasons.”
Silly
“....The objection is for “aesthetic” reasons that are purely subjective.”
Which is why people who live in a neighborhood covered by a HOA need to know who is on it and running it. Far too often owners sit on their hands letting the neighborhood Little Hitler run things until something like this pops up.
People don’t like the way the HOA is run show up at the next meeting and start to change it - get your neighbors invloved. At least you might find out who likes things the way they are.
I lived in a trailer park once. It was the nicest most expensive “mobile home community” in the county and that was like an HOA on steroids.
They charged $20 extra per month if I had a cat (even if it never left the house) $35 for a dog. They gave me a hassle about rotating my tires in the driveway once. Went ballistic about the kids writing on the sidewalk with chalk that washed of with the next rain or a hose if I got sick of it. We couldn’t mow grass on a weekend but they would mow it for us during the week for $20 and then we had to contract with them to do it every week whether it needed it or not.
That was 15 years ago and I hate to think how bad they are now.
I wonder how his HOA covenants and by-laws read? My guess it is similar to my HOA’s in regards to flag poles. Did he read these and accept them when he bought his home??
We have a process for flag poles and when properly followed it has allowed many homeowners to install flagpoles and fly the flag of their choice.
My flag flies 24/7, with spotlights at night. If I had the money, I would buy him a 50 foot flag pole and the largest flag I could find. What is wrong with those people? They apparently do not understand that he is part of the reason that they can all live in freedom, and exercise their obvious unpatriotic opinions. Shame on all those people.
Ain’t that the truth! The busybody squad!
Your mileage may vary. But no one is telling me what to do with a property that I’m paying for. That’s why we avoided nazi run neighborhoods.
As Silly pointed out, there’s nothing in the by-laws specifically prohibiting flag-poles, but only a subjective “aesthetic” clause, so your “don’t like the rules, don’t move there” is just a POS piece of advice.
My question, for saner posters in FR, is what about the HOA membership. How does that work? If the majority of people living in this housing area wanted to support Barfoot, couldn’t they get together and re-elect a new board? Or elections not on the table with HOAs? (I wouldn’t know. I’ve never “moved there”.)
Just bumped into another blog writers post who took many more pictures of the neighborhood.
http://maaadddog.wordpress.com/2009/12/04/col-barfoots-neighborhood/
That is great! You do take it down when it rains, right?
why anyone would want to live in a HOA /gated community is beyond me.
Why live in a place where the outside of your house is dictated to?
Why live in a place where every mail box is the same.
Down here the new thing for those snow birds coming to FL is to have the two palm trees in the front garden , a smalkl piece of grass that is.
Snotty nosed neighbors who complain because a boat might be in the drive way or even a 200,000 motor home.
There is hardly a drive way and I see no point what so ever that I buy a house but I have to ask permission to put a fence in the front.
we do not live in a housing association and never would because of this.
We like our freedom and know the house and land is mine .
I don't have any problems with a homeowners association and believe the benefits far outweigh the negatives.Just curious, not arguing with you: what benefits?
Mark read the citation for his Medal of Honor. This guy was a stud! The HOA is f**king with the wrong guy...
http://www.homeofheroes.com/moh/citations_living/ii_a_barfoot.html
We had a lovely home in a park for 6 years. The owners would give permission for something and 2 months later change their minds. When the residents tried to form an association (to fight the owners monthly whims), the owners threatened to raise the rent from $250 a month to $700 a month if they continued. In my state, they could legally do it. We moved.
LOL
same here
We made it clear that we do not want to live ion a snotty nosed socialist gated community.
It is my house and my land and I do not see why I have to ask permission to put a fence outside or do what I want.
They have stupid stupid rules like no nothing in the driveway except your car.
Screw that, if I buy a boat or a motor home I will be dame well parking it at MY PLACE.
These stuck up HOA’s really grates me and it astounds me why anyone would want to live in one.
Super! I just posted a link to my blog in the comments there!
Our biggest problem now is that we pay to clean up the lake which attracts the public who doesn’t.
I don’t see the benefits either. Any that they claim are outweighed by drawbacks.
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