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.
How many times do we have to repeat it: There is no such rule!
They bylaws are silent on flag-flying!
read post #56. This HOA is in violation.
Anyway, if YOU people did a little more research YOU would find that other homes in the neighborhood have the short staffs attached to porches that fly flags. Apparently there is nothing that prevents our hero from flying an American flag if he used that type of support for it. Or, at least it would eliminate the HOA’s given reason. He moved to a place with a HOA and got hosed. Sucks for him, but that’s his problem. And it’s not news..
Right. Try to cover for yourself by making it about me. Whatever. Guess I would do the same if made such a stupid mistake.
Naw....I’d be a man, accept my mistake and move on. But that’s just me.
How your neighbors keeps up their property has a bearing on what your property is worth, unfortunately.
This HOA and the flag pole seems completely out of line.
You mentioned paint colors, in a 50’s traditional neighborhood near me, a square 2 story house was built. It looked out of place but new houses are replacing old houses all over. When it was painted it became a real talking point. The folks painted it stop sign yellow, the window and door trim are all different shades of purple and red, as is the brick chimney.
The HOA became unwound but there was nothing in the deed restrictions that mentioned paint color. It still stands there an eye sore, but I guess the owners like it because they haven't changed it.
I was just glad it wasn't next door to me.
I have a pretty thorough working knowledge of these things because of my involvement in a commercial condominium in my personal business. I can tell you right now that the Federal statute in question would NOT apply to any owners in my situation (except as it pertains to displaying flags inside windows) because: (1) individual unit owners don't own anything outside the walls of their offices; and (2) none of the common areas outside the buildings meets the definition of a "limited common element" under the provisions of the master deed and under state law.
Sure, POS guy. As soon as you take your Midol.
Don’t wrongly call my opinion a POS and then act like I’m the one with the problem.
Don’t think tea would temper my anger at having been wrongly attacked. It’s not easy dealing with asshats.
So typical.... can’t deal with the fact that you are wrong, so try to deflect by pointing out a grammatical error. OOooooo...you really showed me, Ms. Marples.
Geez...where are the adults today.
It would not be possible for me to be a man and move on. LOL
Then just keep on being what ever you are, but just go away LOL
Knock off the profanity and personal attacks.
Alright. Sorry, Silly.
I guess I went overboard. I support Barfoot, and I thank you for posting this thread and I’m sorry for my part in stinking it up.
Keep up the good work, Silly. What you’re doing is really good.
Sure it would. Under 0bamacare you could probably get the taxpayers to fund it.
It would take a LOT of surgery, mon petite chou...
Thanks for the post. Where do we write and who do we call?
Go Barfoot! This is America. You should be able to display a flag on a mast in front of your home.
Nor do they likely prohibit erecting a 12 foot high billboard advertising Hooters in the front yards, or having buffaloes grazing in the cul-de-sacs.
It is a logical fallacy to attribute a limit on prohibitions based only on a very specific list of issues, when the bylaws give the right to the Board to make individual decisions. That would be like the government not being able to ban dangerous speech in airports unless they list all the variations.
And offering up Wikipedia as a “higher authority” is another logical fallacy. If you check the quote, it did not originate with Wikipedia, nor would it matter.
Some others here attack the Board with ad hominem personal characterizations, some using the term socialists.....which is defined as “a theory or system of social organization that advocates the vesting of the ownership and control of the means of production and distribution, of capital, land, etc., in the community as a whole.”
That is not accurate at all, but merely a pejorative label used by the arrogant to make them seem “more right”.
Since you have not published the actually bylaws, then there is nothing but assumption involved here.
What seems to be apparent is that this man has a right to display the flag, but not to hoist it up every day. So it is an issue of style, not substance.
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