Jupiter homeowner faces foreclosure for flying U.S. flag (This may be a dupe)

http://www.sun-sentinel.com/news/local/southflorida/sfl-pflag11sep11,0,4807489.story?coll=sfla-home-headlines ^

[Conservomax]

Defiant flag flier George Andres once again is facing the prospect of losing his Jupiter home after a Palm Beach County judge ruled Wednesday that his homeowners association could go forward with a foreclosure sale next month to collect legal fees. Andres, a Marine veteran, said he was worried about losing his home, but he vowed to appeal the latest ruling in a legal saga that has spanned more than two years. "We are going to fight," Andres said. It is the second time in recent months that Andres' home has moved toward the auction block. He was granted a reprieve in May when Circuit Judge Edward Fine agreed to reconsider his order authorizing the foreclosure. The Florida Attorney General's Office stepped in and argued that Andres' home was constitutionally protected under the state's homestead law from foreclosure by a homeowners association attempting to collect a legal debt. Andres' homeowners association prohibits flagpoles, and Andres has a 12-foot flagpole in his front yard. Another judge ruled that Andres didn't have a right to put up the flagpole, and the association filed a lien on the property to collect roughly $21,000 in attorneys' fees and legal costs expended in winning the case. Fine rejected the argument from the Attorney General's Office and issued a ruling Wednesday that found the association's right to file a lien against the property was established in 1982, when its covenants and bylaws were recorded in land records, six years before Andres purchased his home. West Palm Beach attorney Steven Selz, who represents the homeowners association, said the ruling makes sense. "There has to be a way to give the association a right to enforce its claims on the property," he said. Boca Raton attorney Barry Silver, who represents Andres, said he would file an appeal. Mediation has failed, while the attorneys' fees continue to pile up for both sides. "They find George to be very intransigent because he has the right to fly the flag, and they think he is stubborn because he fights for that right," Silver said. Selz said he hopes Andres decides to reach a settlement rather than face losing his home, which is scheduled to be auctioned on Oct. 9. Andres said previous settlement offers required more of a compromise than he was willing to make. "They said remove the flag and the flagpole, and that is not a compromise," Andres said. " I'm 66, and I don't have much left anyhow. We have to go ahead and fight." Peter Franceschina can be reached at pfranceschina@sun-sentinel.com or 561-832-2894.

[Conservomax]

I can see the gripe about the flagpole, since it was part of the deal, but a lien on his House?

Whao are these f***ing animals? It's called a homestead act, thta's the point. These goddamn lib lawyers want to tear everything down that is intheir way.

[TomServo]

Don't get me wrong. I hate associations. I live in one. But the guy signed the contract. He's gonna have to live with it.

[jim_trent]

This is a repost. I believe that although most of the previous posters did not like what was happening, they did agree that if he did not want to follow the rules, he should not have bought a house there. Whether or not he remembers, he signed a contract with them when he bought his house. If not, they could not enforce this. There are plenty of other places that don't have Homeowners Assn's that he could have bought, but he didn't.

[jjm2111]

How do homeowners associations work?

[TomServo]

How do homeowners associations work?

Simply, it's a neighborhood where all the neighbors have signed a contract (or by just moving into the house) giving up some property rights to live in the neighborhood. Appearance of the property being the main issue. The association members consists of your neighbors. My wife moved bought a house in an association (which I asked her not to do) before we married, and once married, we decided her house would be the better to live in (it was the best choice). After a tiny run-in with the association last week, she vowed never to do it again. Lesson learned.

[jim_trent]

Totally correct as far as it goes. The association is usually created by the developer at the time of the platting in order to make the neighborhood more desireable. The rules are recorded against every house and the agreement is in perpetuity (like an easement). In some places, it is for a specific time limit, but automatically renews unless 2/3 or 3/4 of the homeowners vote to disolve the association (which, is the same effect as perpetuity).

When you buy the property, you are shown the records (including the rules) and have to sign that you have seen them. Of course, most people show up for the closing and sign everything that is put before them without reading. If you were to read it and refuse to sign, you would still be bound by the rules. The only thing that would be different is that you could sue the real estate firm for not telling you about it. That would be difficult to prove since it is untrue, though.

[TomServo]

Thanks Jim. This summer, we got a letter from our association asking that we remove a window air conditioner. Taking note of the contract, we did find that no window air conditioners were allowed. We complied and replaced the Window AC with a portable one that has a small hose mounted in the window for the exhaust. It does a good job, and no complaints from anyone.

We then decided to take a look around the neighborhood. We noted several "infractions" and sent a letter to the association.

Here's where it gets interesting.

One item mentions that no satellite dishes are allowed, another mentions no flag poles are allowed. OK - fine. We noted several homes that have satellite dishes and one home that had a flag pole (an -no-, I don't have a problem with a flag/flag pole in someones yard). After sending our letter noting these "infractions" we received a response from the association that the flag pole was allowed due to state law and that the satellite dishes were now allowed due to FCC law. A subsequent letter to the association asked that these rules be amended if in fact, they are no longer enforceable. The association responded with basically, it would cost too much to do so. Now - I'm no lawyer, but I seem to rememeber that if one portion of a contract was null and/or void or if one part of the contract was no longer enforceable - the whole contract was void. Interesting, eh?

[jim_trent]

I am not a lawyer, but I work with them a lot (land development -- streets, sewers, etc). Re: Your assumption about one part being null or void meaning the entire contract is null and void. That may or may not be true. Depends on how it was written. If it is an old one, you are probably right. Newer ones have a clause that says that if one part is declared null or void, the remainder remains in effect.

The problem with homeowners assn's is that petty dictators seem to gravitate towards the elected positions. There is NO problem getting elected. Usually, the only problem is finding enough people to fill all the positions. Anyway, the bad apples usually get elected just so they can cause other people grief.

I don't have a whole lot of sympathy for those who complain about bad assn's, though. If they wanted to run the board right, it would be EASY for them to get on the board. From what I have seen, one petty dictator usually gets replaced with another petty dictator and you have vendetta's going back and forth. It can get pretty ugly.

[TomServo]

Newer ones have a clause that says that if one part is declared null or void, the remainder remains in effect.

Which is exactly what I was gonna check for when I had time. I ain't tryin' to be petty or vidictive (well - maybe a little ;-)) but if we're gonna have rules - let's make sure everybody knows what they are - and apply them.

[floriduh voter]

GEORGE ANDRES AND HIS ATTORNEY WERE JUST ON HANNITY & COLMES. The re-run of the show will be on after Greta and O' Reilly. Thought you might want to know.