Lose your property for flying U.S. flag? (update on Marine w flagpole on his property)

WorldNetDaily ^ | May 25, 2003 | WND

[FairOpinion]

A former U.S. Marine in danger of losing his home in a neighborhood feud over flying an American flag will not lose his property – at least not this Memorial Day.

Fla. Gov. Jeb Bush celebrates Flag Day with former Marine George Andres

George Andres of Jupiter, Fla., has been warring with his homeowners association for the past four years, as the flagpole in his yard turned into a national lightning rod of controversy.

According to local news reports, a Palm Beach County judge halted the foreclosure of Andres' home, which was slated to be sold at a courthouse auction Thursday.

"I'm elated!" Andres exclaimed to the Jupiter Courier. "Everybody here is jumping for joy."

As the holiday weekend approached, Andres got a congratulatory phone call from Gov. Jeb Bush, who had personally visited him on Flag Day last year.

Florida Attorney General Charlie Crist was dispatched to South Florida to help Andres celebrate the win after 23 court hearings and thousands of dollars in fines had accrued.

"It's a great day for justice for this ex-Marine, and I'm so proud to stand by him," Crist told the Palm Beach Post as he stood in Andres' yard with an American flag and a smaller Marine Corps flag waving from the controversial flagpole in the background.

"The notion that an ex-Marine would come within an eyelash of losing his home for flying an American flag is astounding," he said.

The foreclosure battle began when the Indian Creek Phase III-B Homeowners Association objected to the pole erected on Andres' property, which it said violated its rules.

"[Andres is] very patriotic, but what he doesn't understand is that everyone has to live by the rules," association attorney Steven Selz told the Post.

In August 2001, a judge agreed with the association that the flagpole on the front lawn did not meet restrictions on residents.

Last year, the Florida Legislature passed a bill prompted by Andres' legal troubles. It allows residents to fly an American flag "in a respectful manner" regardless of association rules, reports the Courier. Gov. Bush then signed it into law.

It was made retroactive to apply to Andres' situation, but it was passed long after a lien was filed and the homeowners' association won its case. In April, the judge hearing the case ruled foreclosure proceedings could move ahead despite the new law.

The decision last Friday keeps Andres in his home for now, but the final word comes later as both sides have been ordered to mediation. If an arbitrator can't settle the matter, the flap over the flag heads back to trial court.

[FairOpinion]

What is this country coming to? A man can't fly the US flag on his own property in the USA.

[Qwerty]

"What is this country coming to? A man can't fly the US flag on his own property in the USA."

Well, did the rule come before he moved there? If it did, then this guy is out of luck. I hate homeowners associations. Control freaks!

[chance33_98]

Florida Man Free To Fly Flag - Judge Removes Restrictions On Flags was my posting on it from July of last year. Pretty interesting thread.

[chance33_98]

See my previous post for more info on that.

[FairOpinion]

So if a homeowner's associationg passes rules that they don't allow blacks, would that stand?

Of course not.

[Qwerty]

Thanks.. I'll check it out. :-)

[FairOpinion]

Thanks for posting the earlier article and thread, so people can read the history ( and the comments)

[Qwerty]

"So if a homeowner's associationg passes rules that they don't allow blacks, would that stand?"

I think that's a reach. What they're doing is passing guidelines for neighborhood cosmetics, and everyone who moves there agrees to the guidelines in their contract.

If he moved there BEFORE that particular guideline, I'd say he's in the right.

[Qwerty]

I just read the bit about Florida passing a retroactive law allowing people to fly the flag regardless of the HOA rules.

Looks like he's in the clear.

[FairOpinion]

I remember reading about some HOA-s passed rules that homeowners are not allowed to smoke inside their own homes.

What if they had passed rules that people aren't supposed to have homosexual sex inside their homes? Can you imagine the outcry?

My point is that there is a very obvious double standard: if it's leftist type thing, then it's protected, if it's not, then the HOA rules prevail.

[FairOpinion]

Read the article to the end:
====
Last year, the Florida Legislature passed a bill prompted by Andres' legal troubles. It allows residents to fly an American flag "in a respectful manner" regardless of association rules, reports the Courier. Gov. Bush then signed it into law.

It was made retroactive to apply to Andres' situation, but it was passed long after a lien was filed and the homeowners' association won its case. In April, the judge hearing the case ruled foreclosure proceedings could move ahead despite the new law.

The decision last Friday keeps Andres in his home for now, but the final word comes later as both sides have been ordered to mediation. If an arbitrator can't settle the matter, the flap over the flag heads back to trial court.

[E Rocc]

I hate homeowners associations.

My guess is the addresses of the "homeowners association" leaders pushing this will end up on the 'net, if they haven't already.

-Eric

[Qwerty]

"My guess is the addresses of the "homeowners association" leaders pushing this will end up on the 'net, if they haven't already."

Probably they deal with an extraordinary amount of hate mail.

[Rodney King]

Not all HOA's are the same. I bought in an HOA last year in Oklahoma City, I checked the rules first. They were all very straight forward things that basically keep white trash from moving in and putting old refrigerators out on the lawn. But I would never live in an HOA that prohibited flying an American flag.

[PeoplesRepublicOfWashington]

Any contract needs to be reasonable.

[Outrance]

I think there needs to be a challenge to the notion that HOAs have a right to restrict US flag flying on the basis that when real estate is purchased it is only the purchase of certain rights ( i.e. Fee Simple bundle of rights), while rights like eminent domain, police power etc. are retained by the government. Within those rights it should be proven in court that the flying of a US flag can not be prohibited. I have no problem with other restrictions to maintain desirability and marketability however the US flag flying should be part of the rights retained by the government within the right of police power.

[HamiltonJay]

You don't buy a house in an area with an association and rules, and then bitch that you don't like the rules... there is no great battle here other than this idiot deciding the rules don't apply to him... Hes a fool for buying a house that was part of some association in the first place IMHO.

Great defender of american values, yet he made sure he bought where there was an association to protect his property value.... doesn't come across as any sort of hero to me.

[HamiltonJay]

He bought into the association rules and agreed to abide by them... there is no legal precident for what you are claiming. He didn't like the rules he should not have bought.... this guys a boob.

[HamiltonJay]

Great, now we are going to have to have lawsuits out the ying yang to decide what the meaning of "respectful" is... State should have just stayed out of it, and let the upper middle class rabble fight it out amongst themselves.....

Upper Middle Class white trash... gotta love it.

[sit-rep]

"[Andres is] very patriotic, but what he doesn't understand is that everyone has to live by the rules," association attorney Steven Selz told the Post.

I say FY, and your rules...