Florida judge rules homeowners association can foreclose on man who defied flag rule

Associated Press ^ | 09-11-03

[Brian S]

A man who owes $21,000 to his homeowners association for flying an American flag from a 12-foot pole in his yard could lose his home next month to cover the debt.

Former Marine George Andres vowed to appeal Wednesday's ruling allowing foreclosure on his property, the latest chapter in a three-year legal saga that has drawn support from Gov. Jeb Bush.

[kimmie7]

In the event that the injustice takes place, I wish I were rich. I'd buy his house and give it to him -- free and clear.

[Semper Paratus]

Too bad a way couldn't be found to get this case before a jury.

[strela]

Sorry to see it come to this, but the man should have paid his honest debt to the homeowner's association before they had to take him to court. He willingly agreed to be subject to their rules when he moved into the neighborhood, and the HA has the perfect right to expect to be paid.

[11th Earl of Mar]

If he signed a Home Owners Agreement banning a flag, he is in the wrong.

There is nothing conservative about breaking a contract.

[Coop]

He may owe the association money, but there is NOTHING honest about this debt.

[Wolfie]

Damn, if we go around actually enforcing contracts, what's next?

[NYer]

He willingly agreed to be subject to their rules when he moved into the neighborhood, and the HA has the perfect right to expect to be paid.

This is so true! Yet many residents simply "forget" to read the by-laws, or decide to "challenge" the rules. As you pointed out, potential buyers should read the by-laws before moving into a HOA community.

[CSM]

What exactly is the $21,000 for? Does a home owners association sell the home? I thought that the typical scenario meant the HOME OWNER paid an association fee mandated by the location and services provided. I have never heard of anyone in any association buying the home from the association or being financed by the association.

Unless something I am stating above is completely wrong, then I would have thought the worst that could happen is that a lein would be placed against the title of the home. The lein could only be removed if he paid his accumulated fines or fees.

What am I missing here?

[kimoajax]

Have you even followed the case? The Association has not even followed their own rules.

[Arkinsaw]

Homeowners associations are merely local governments masquerading as private entities. Since they are not considered local governments they are not required to respect all of the liberties that we jealously guard from encroachment by other governments. As far as I am concerned they are an abomination. But if you don't want to turn your property and free speech rights over to a pseudo-government then don't buy a home that is governed by one of these entities. Go to the woods, go out in the county, and get yourself some real private property that is only governed by a real government bound by a real Constitution.

[dc27]

The HOAs can do whatever the hell they want. They can make you pay any fine. That is why I would never buy in a HOA. My friend lives in an HOA and they fined him for keeping a boat INSIDE his garage. What's next, no pool tables in your living room?

[Libertarianize the GOP]

ping

[white trash redneck]

Why am I not surprised that this attack on the flag is taking place in W. Palm Beach?

[ibheath]

Association Attorney Steven Selz said he hopes Andres decides to reach a settlement before his home is auctioned Oct. 9. "There has to be a way to give the association a right to enforce its claims on the property," he said.

This is the statement I find most disturbing. He owns the house, but the assoc. has a claim to the property. Give me rural livin!

[strela]

Have you even followed the case?

Yes, to a degree.

The Association has not even followed their own rules.

If it was a significant violation, then one or more of the courts this case has wound itself through should have seen that and invalidated the HA's claim or sanctioned them. The fact that none has is pretty damning evidence to me.

I think that anyone who buys into one of these insular little communities where Miss Grundy can tell you the size of the trash cans you can put out every week is a fool. Who would *want* to live in such a micro-managed, sterile "environment?" But, last time I checked, it is still legal to be a fool and to live under a microscope if you want to.

[strela]

Damn, if we go around actually enforcing contracts, what's next?

(whispers) dangerous concepts like free association, free speech, the right to peaceably assemble ...

Gosh, I'm such a radical ;)

[adx]

Go to the woods, go out in the county, and get yourself some real private property that is only governed by a real government bound by a real Constitution.

We have one of those? Where? </only half-joking>

[Wolfie]

I hear it from people I know all the time. The "damn homeowners' association" this, and the "damn homeowners' assocation" that.

So I ask 'em, "Why did you buy a house there?"

Most popular answer? "Oh, its such a nice neighborhood".

[38special]

It's very hard to find a home in a non-HOA neighborhood these days. The funny thing is the lawn police that go around looking for yards that need to be mowed.