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.
This Man is a hero, the account of that day are extraordinary!
They should make a movie about his heroics!
Uh, there is no rule.
I guess if the majority of the people in the HOA are for the flag pole, they should show up at the next meeting and ask the board why they are waisting their hard earned money on lawyers for something that doesn’t really matter. Or recall them.
There is an HOA community that has some real housing deals. We were urged to look there. They also had the highest crime rate.The HOA controlled how peoples yards looked but did nothing about the kids roaming the streets at night. Guess whose kids they were. :-)
That really stinks.
“HOAs are all -eventually- controlled by stupid, busy-body, communist control freaks, no matter how wonderful the original intentions were when the HOA was formed.”
That certainly describes mine.
The HOA legal beagles must be citing some article in the covenant. Do you know the specific wording? It is the crux on which this rests.
I don't think so, not if the association laws mandate a once a year election. Keep in mind that the bylaws are legal, binding agreements; in essence, LAWS for that community.
Lets say my association prohibits flag poles but they turn a blind eye on one of the residents who puts one up. Me, being the resident nazi, can sue the HOA for not fulfilling their duty in enforcing the HOA laws......
Another thing to keep in mind is that the HOA are the elected officials of the community. They in turn are overseen, if you will, by a management company that contracts with the landscapers, garbage removal companies, snow removal companies, etc. etc. etc.......They also have a legal staff that handles all the legal issue of the condo complex you or I live in.
So, since the HOA allowed that person to put up the flag pole, all I would have to do is contract the management company to complain and they in turn would have their legal dept. contact the HOA to remind them that they were in violation of HOA LAWS.........
I don’t know it, but I’m sure it will come out somewhere.
I would ask Roger Nicholls, but the family is so bombarded and suffering from the pressure, I don’t want to be a burden.
Also, he said that on advice of counsel, they are keeping silent for the most part, except to thank well-wishers.
Around here we have had a few got built and they all look the same.
Some made by KB homes is where the dreggs of society seem t live and then there are others like palencia where is it one of the snottiest nosed areas I have ever seen .
I’ve just built an addition to my house, rearranged the driveway to now fit many cars or a boat and a motor home cars and built a fence.
If I had tried to do that in one of those HOA I would have been told no...
Fortunately I live in a tiny town (under 300 people) where people take care of our own issues neighbor to neighbor. It helps that everybody around here has an independant streak which leads to keeping quiet about things like construction.
Over the summer I tore down my old porch and built a 10 by 16 greenhouse in its place with no permits simply because the neighbors aren’t going to complain about doing something that makes the place look better. Putting in a dock is supposed to require a whole string of permits but nobody ever gets any.
Around here we have had a few got built and they all look the same.
Some made by KB homes is where the dreggs of society seem t live and then there are others like palencia where is it one of the snottiest nosed areas I have ever seen .
I’ve just built an addition to my house, rearranged the driveway to now fit many cars or a boat and a motor home cars and built a fence.
If I had tried to do that in one of those HOA I would have been told no...
not only that but I could never live with a house that close to mine that I could shake my neighbors hands form the bedroom window.
Did you even read what was posted, or just spout off ignorantly, first thing?
I’ve been digging, and found the letter from Sen. Webb and an attorney, and here is the crux of it:
“Since it appears that Col. Barfoot’s request was denied based on subjective criteria as opposed to an explicit regulatory violation of the covenants governing the Homeowner’s Association, I would hope that your clients would exercise the discretion afforded to them to develop a reasonable resolution that would allow this distinguished combat veteran to honor our nation in a manner in keeping with the established traditions, customs and regulations governing the display of the flag of the United States of America” (from Senator Webb’s letter to HOA lawyers, found here: http://webb.senate.gov/newsroom/pressreleases/2009-12-03-02.cfm)
But this seems a more strenous argument:
http://www.senate.gov/reference/resources/pdf/RL30243.pdf (See page 17)
The Freedom to Display the American Flag Act of 2005 prohibits a
condominium, cooperative, or real estate management association from adopting or
enforcing any policy or agreement that would restrict or prevent a member of the
association from displaying the flag in accordance with the Federal Flag Code on
residential property to which the member has a separate ownership interest.d they both state that:
GREAT WORK!!!!!!!
SEND THIS TO FOX NEWS
THESE PEOPLE NEED TO BE EXPOSED
When we moved, my daughter begged us not to get a place where we could wave to our neighbors from the toilet. LOL
There's a long story about it but we waited a year and a half for a house and our lawyer acted unprofessionally. We lost the house. A little collusion with THEIR lawyer as it went through probate and home prices were rising. Anyway, we rent. An 80 year old farmhouse on 75 acres. The landlord is 2 hours away and we are on our own. I love it.
It does not have to be an immediate neighbor. HOAs are rife with self pretentious meddlesome individules. One or two of these types usually make it a point to drive or walk around just looking for violations.
It sounds like a good place. There are so few of them.
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