Homeowner Must Pay $102,000 For Flying the American Flag

American Homeowners Resource Center (AHRC) ^ | January 25, 2003 | Shu Bartholomew

[chuknospam]

Homeowner Must Pay $102,000 For Flying the American Flag May have to pay an additional $42,000

January 25, 2003

By Shu Bartholomew (View author info)

Richmond, VA - Breaking News...

Contact Richard and Ava Oulton FAX (804)270-5757

Richard and Ava Oullton were informed by Judge Harris of the Henrico County Circuit Court to be prepared to pay the consequences if Old Glory is still flying on their property on March 1st.

Having exhausted every avenue of appeal, the Oultons ultimately lost the battle to keep their flagpole on their property.

The Virginia Supreme Court's opinion, that people who live in homeowners' associations have very limited freedoms and property rights, was echoed by the United States Supreme Court.

On remand to the Henrico County Circuit Court, the Oulton's were ordered to comply with the wishes of the association or be prepared to go to jail.

They have been ordered to pay in excess of $102,000 to cover the association's costs, with another $42,000 to be decided by Judge Harris at a later date. Included in that award is several thousand dollars to hire a bulldozer, dump truck and several Henrico County Police to remove the 25 foot flagpole and the flag -- by force.

[Your Nightmare]

Here is the couple's website.

http://www.americanflagtrial.com/

When I first glanced at this story, I thought this might be one of those cases where someone wants to show their patriotism so they put up a 20' x 30' flag in the middle of a residential neighborhood. A 20x30 flag flapping in the wind can make a tremendous amount of noise and is not appropriate for a residential area. But that's not the case here. I don't know what the residence association's problem is, besides letting power go to their head.

[BJungNan]

What idiot associate would spend over $100,000 to sue someone for flying a flag. Glad I don't live in a community like this anymore. The lawyer must be happy.

[E Rocc]

Why in God's name did they need a bulldozer and a dump truck to remove a pole from a ground sleeve?

Ideally to dump about a week's "production" from some livestock farms in the front yards of whoever filed the complaint.

-Eric

[TheBattman]

I too suspected a huge display, but that is quite tastefully done, does not stick out or detract from what appears to be a beautiful lot, home, and neighborhood.

[Alberta's Child]

I really have to question the decision of this homeowner to make a stand on this issue.

When you move into a place that is governed by homeowners' association rules, you have to read the fine print and know what those rules are. There is no basis for their complaint here -- the rule may be stupid, pointless, etc. -- but they clearly violated it.

[kidd]

Here is a picture of the "criminal" flag in question.

It seems to have been tastefully done. The open garage door behind the flag is an eyesore, not the flag itself. I think the flag adds a bit of class to an otherwise stale-looking neighborhood.

[TomServo]

people who live in homeowners' associations have very limited freedoms and property rights

Guess they didn't read the contract.

[Your Nightmare]

Here's an ABC news article on this:

http://more.abcnews.go.com/sections/2020/dailynews/2020_homeowners_02419.html

[E.G.C.]

On this subject, my thoughts are:

Awhile back, I did a thread on this subject which recieved a wide variety of responses. A large part of these HOA's contribute to the Demorats and many of them are not well known for their integrity.

The bottom line, when buying a home check to see if it's in a neighborhood run by an HOA. Insist that the realtor address the issue. If he or she refuses and/or the house is in an HOA, turn it down and find a realtor who will be more cooperative with you on this issue.

And if your neighborhood is about to be taken over by an HOA and you don't have the financial or physical means to fight, move out and find another place to live.

HOA's are criminal enterprises, just like the Democratic party.
Regards.

[TankerKC]

The Virginia Supreme Court's opinion, that people who live in homeowners' associations have very limited freedoms and property rights, was echoed by the United States Supreme Court.

Several months ago, I was berated for saying that homeowners' associations would win on this. Well, here we are.

Don't live in places with homeowners' associations. Don't sign all of the papers agreeing to follow the rules, then cry when you can't break them.

And, don’t let the emotion of the flag being involved in this particular story cloud your thinking.

</told_you_so> <flame_prep>

[Wolfie]

Generally speaking, folks are all for HOA contracts, until something they want to do is verboten, then it becomes a "lifestyle-nazi" sort of thing. Bottom line, read before you sign (I mean really, is that so hard?)

[Quix]

Pretty close to my seDiments.

[NittanyLion]

Don't sign all of the papers agreeing to follow the rules, then cry when you can't break them.

Unfortunately, there was no rule that applied to flags. The rule was enacted after he put his up - seems as though he should be grandfathered in.

So who would've paid the $100,000 if the HOA lost? Would it be insurance, or the neighbors who had no problem with the flag?

[metesky]

The Virginia Supreme Court's opinion, that people who live in homeowners' associations have very limited freedoms and property rights, was echoed by the United States Supreme Court.

Either read the damn deed before you sign it or suffer the consequences of your own stupidity.

[SirFishalot]

This is the type of stupidity that should be exposed on one of the news shows like 20/20.

HOAs can be a blessing or a curse. Many of them become very cliquey fifedoms after a while. I used to live in a Condo where each unit got one vote. After moving there I come to find out that between the President of the association, his wife, and his three kids, they owned almost 30 of the 100 units. They had been buying them up and subleting them out over the 15 years they had lived there. This guy and his family actually thought they were the ruling family and expected to be treated as such. If you were on their bad side, look out.

I couldn't face selling that place to somebody else and sticking them with the same situation so I sold it at a loss to that idiot.

[SeeRushToldU_So]

Here is the homeowners reply from the website

Thanks for all the supportive words.

While the right to fly the American Flag on the land you own should be a basic Free Speech right and Private Property right of all Americans, it has special importance to us. When the Virginia General Assembly passed the "Wynhdam Flag Law" in 2000 by a vote of 140 to 0 we removed our temporary poles and replaced them with one permanent pole to better proudly fly our American Flag. We put a plaque at the bottom of the pole and dedicated it to Richard's "Walking Dead Marines". We would appreciate it if someone will go to our site AmericanFlagTrial.com and copy the photo of the plaque to this site. If the text could be put here as a new "news item" it would be great. I just don't know how to do this. Our website is badly in need of updating but it was done in HTML and I can't do that. Fact is Ava and I are working 70 to 80 hours each per week to "stay afloat". We have done this for four years. We could use help if any "computer folks" have time and interest. I think the story of my "Walking Dead Marines" will help you to understand why we must go to jail to keep our American Flag flying. And to Shu, of "On the Commons" please post our concerns about our children. Again it make the "human and family" destruction more understandable by anyone that has not faced the destructive force of the "Homeowner Association Government". Realize that neither the Federal, State nor local government could wreck families and lives as the Homeowner Associations can and do. They have power that is foreign to and would never be tolerated of any legitimate government. Finally, there is interest in the Judge. There is a link to his website and he does accept e-mails. The Judge is Harris, Chief Judge of the Henrico County Circuit Court, Henrico County Virginia. Posted Jan 27 2003 8:34PM EST Richard & Ava Oulton

[Quix]

Fair to a point.

In the current world and national climate, any association not willing to bend significantly in favor of overt patriotism seems to have grossly misplaced values.

Given the culture war we have been in the midst of for decades, I'd take the message of the association as a clear sign that it's NOT SAFE to live in the neighborhood. Such people would sell YOUR SOUL for a piece of bread.

Or perhaps merely for a disagreement over the shade of your authorized WHITE paint job.

[peteram]

What idiot associate would spend over $100,000 to sue someone for flying a flag.

As a resident of a HOA community, I would greatly question this type of expenditure, expecially after seeing the picture. It's not like the flag & pole are an eyesore.

Most associations are governed by the residents themselves. And while you will tend to get differing of opinions between the members, usually common ground can be found on any given issue. For instance, covenants can be modified to accept tasteful flag displays while limiting their sizes.

Every board that I've served on or observed was comprised of average, level-headed folks just looking to preserve the integrity of the community. It's the few condo-commandos that give HOA's a bad name. I've figured out that these are the one's who, earlier in life had a mid to upper management position in their careers. Now that they are retired, they no longer have anyone to boss around anymore, but the trait is still there. So what do they do? Join the HOA as a board member.

[Your Nightmare]

Legally, in this case, the homeowners' association may be in the right. Practically, I think they are making a big mistake. They evidently have these regulations to protect the property values for all homeowners in the association, what do you think has happened to property values since the homeowners' association was featured on 20/20.

[SirFishalot]

Another problem is that if you move into a neighborhood that has no HOA and later a majority of homeowners form one. You will probably find that you are legally bound to their rules as well, even though you didn't join. This has already hppened in a number of communities.

Also, "his next door neighbor has erected a 50 foot radio tower with a Moonraker antenna on top. This is in between their houses and causes interference not only to his TV, but telephone and radio as well."

File a complaint with the FCC, they will fix it quick. I had a simular problem not that long ago. They fixed it in a week.