December 10, 2009

Vet 1 HOA 0

The 90 year old Medal of Honor winner defeated his homeowners association.

The Great Flagpole Dispute of 2009 started last summer when Van T. Barfoot, a retired Army colonel who single-handedly took on three Nazi tanks in World War II, moved to the Sussex Square neighborhood near Richmond to be closer to his daughter. Barfoot believes in flying the colors of the nation he loves, so he erected a flagpole in his front yard.

Like thousands of developments across the country, Sussex Square is governed by a homeowners association, which controls the neighborhood's aesthetics. The association ordered Barfoot, a 90-year-old Medal of Honor recipient, to remove his flagpole.

Which he refused to do.

By the time the flagpole battle ended this week, after threats of litigation, accusations of anti-Americanism and indignation that spilled far beyond the development's boundaries to become fodder for a nation of talking heads and blogging pundits, even Virginia Gov. Timothy M. Kaine (D) and the Obama administration had chimed in.

In the end, it took the combined forces of the American Legion, members of Congress, untold numbers of sympathetic veterans and the spokesman for the leader of the free world to persuade the homeowners association to back off its threat to sue a war hero. Sen. Mark Warner (D-Va.) finally brokered a deal that will allow Barfoot to keep his flagpole.

Litigation would have cost the HOA a pretty penny. People all over the country were willing to pay Barfoot's legal fees. I don't think the residents would have like to see their HOA assessments raised to support the litigation.

I'm always glad to see an HOA get its head handed to it on a platter. I've documented a few of the disputes I've had with my HOA.

The first one was about pruning the "bushes on the right". I got a "courtesy reminder" (That's the euphemism for the first notice of violation) informing me that I needed to prune the "bushes on the right". The right of what? The right as I'm facing the house? The right from my front door?

Anyway, I always ignore the "courtesy reminder". I also ignore the Second Notice of Violation. It's not until the Third Notice of Violation that the threats start.

In the interim, I had pruned (with the help of my sister and her husband and some Mexicans) just about every bush on my property not because of the HOA, but because they needed pruning. Imagine my surprise when I got the Third Notice of Violation. That's when the fun started.

My friend Cindy and I composed an incredible (and sarcastic) letter to the HOA and the HOA management company. We asked for some pruning standards. We asked when the inspections occurred. We also asked for more specifics on the offending bushes. I also played the cripple card and the disabled veteran card. (All's fair when dealing with an HOA.) I'm disabled and I'm a veteran. I just didn't get disabled on active duty. I also implied that there might be some legal action taken. The letter was a work of art.

It turns out that the offending bushes were not on my property. They belonged to my neighbors. I also received a letter from the HOA management company's attorney apologizing for the hassle. I figgered my problems with them were over. Nope.

I got another courtesy reminder about the ground cover on my flower and tree beds (This was actually a valid complaint that I fixed during the next pruning party with my sister and her husband. I had already planned this before receiving the "courtesy reminder".) and my trash can being visible from the street. WTF? As usual, I ignored it.

About two months later, I got a Second Notice of Violation about my trash can being visible from the street and a picture of said trash can outside my garage.

I live in DeKalb County Georgia and our trash service is provided by the county. If one is disabled and gets a form filled out by a physician that one is disabled, one gets a little sticker to put on one's mailbox. That tells the trash collectors that a disabled person lives in the house and the trash can does not have to be placed at the curb, but can be outside the garage and they will come up and get it and return the trash can back to whence it came. My trash can is only out on trash collection days.

So, now it was time to have a little fun with the HOA and the HOA management company. I had Cindy take a picture of me, in my wheelchair, beside my mailbox. I captioned the picture with arrows, one pointing to me with the caption "handicapped dude". There was an arrow pointing to the mailbox captioned "mailbox". And the last arrow pointed to the sticker captioned "DeKalb County Sanitation Permit". Then I took a picture of the permit itself. In the letter, I explained the DeKalb County policy and demanded an apology from the HOA and the HOA management company. Got one from the management company. Never got one from the HOA. Assholes!

I got a "courtesy reminder" about three months ago about my ground cover. Still haven't gotten the Second Notice Of Violation yet. The ground cover looks just fine to me.

Linked by Don Surber. Thanks!

Posted by denny at December 10, 2009 03:41 PM  
Comments

I UNDERSTAND why there are such insidious things as HOAs, but I think they're almost universally & inherently bad. When THOSE jerkovs start paying MY property taxes, then they have a right to tell me what-to-do. Otherwise, screw 'em. Usually, its the repressed, pecksniffian hag of a wife of some attorney who's bangin' his secretary instead of his wife that is stirrin' the pot..A 10-cent, tin-plated dictateress w/misplaced visions of godhood..And the old saw, "You don't need to live here if you don't like it" is the same cop-out bullshit they've used to make people behave since time immemorial...Didn't like it in the 3rd grade, & like it even less at 52...Grrrrr....Good for the old vet...ANYTIME an HOA gets its ass handed to 'em is reason to rejoice !

Posted by: Sandy G. on December 10, 2009 06:12 PM

How in the world did the (flag issue) HOA think they could circumvent the Freedom to Display the American Flag Act of 2005? It states that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association.

As to your HOA Denny, I think your picture should have been of you laying on the ground attempting to push your trash can to the curb, with a, "See what happens when you make a cripple move his trash can?" type of caption. Same thing with the ground cover. Wheel out to the yard whenever prime traffic time is, with a couple of sprigs of Asian Jasmine, and position yourself in the grass as if you have fallen and can't get up. Tell any and all that stop to help you that you are desperately trying to comply with the HOA notices.

Here in Tejas HOA's can put a lien on your house for such things...

Posted by: Harper on December 10, 2009 09:08 PM

I just moved into my house August 1. It had been unoccupied for 5 months, the electricity and water had been turned off, so the yard was a brown mess. It took me two days to get it all trimmed up and looking as good as it could get with dead grass. Watered it like crazy, applied weed and feed, and some grass seed. 3 weeks after I moved here I got an HOA violation letter (with a $100 fine attached) about my yard not being green enough. I wrote back that if they were so concerned about it why didn't they water the damn yard and keep it up while the house was empty. I also told them I would not pay any fine for yard issues given the state of it after months of summer weather with no upkeep. They dropped it.
2 weeks after that I got a violation letter telling me I could not park my truck on the street. I found the HOA president's house and told him that the HOA can not enforce any parking regulation or violation on public streets (Meridian City code) and any attempt to fine me or tow my vehicle would result in a legal issue they would lose expensively. They have dropped it as well. I count 15-18 vehicles parked on the street every night. They get parked there because there is not enough room in the driveways.
I wonder what the next thing will be. I hate HOAs with a passion, but around here there is no getting away from them.

Posted by: John C on December 10, 2009 09:09 PM

The scary part is that if HOA's become effective in controling peoples lives, the Socialists will
want an HOA Czar. That comes with Dimocrate Mandates and subsidies paid for with tax dollars.

And ofcourse the EPA and Greenpeace will help you revert your lawn to the native vegitation of the climate zone. Oh boy! Government.

Pete

Posted by: Pete on December 10, 2009 11:58 PM

HOA=Marxism=Curremt Administration...

Posted by: CharlieDelta on December 11, 2009 02:25 AM

When I was stationed in Pensacola, I briefly considered buying a house (for the investment value, ya understand) and moving off base.

Found an acceptable house at a relatively reasonable price and began looking into the details. Up to this point, I had never even HEARD of an HOA.

When the realtor explained what it was and what "powers" they had, I really, truly thought she was kidding. When she finally convinced me that she was serious, I thanked her, shook her and and walked out of the office. (Had to stifle the urge to RUN out of the office)

That was nearly 30 years ago, and I STILL can't imagine how they think they can get away with telling me what I can or can not do with my own property.

Posted by: Fawteen on December 11, 2009 04:49 AM

uh, that should be "shook her hand".

Altho...

Posted by: Fawteen on December 11, 2009 04:50 AM

Agree with the rancor and malevolence focused above on HOAs. But the reality is that if they're anywhere near reasonable, they do provide a service and tend to keep taxes down for homeowners.

Tried to get out from under their power when I bought this place 25 years ago and was told "No way. You're stuck with the fees and the rules and regs."

While on jury duty once, I had lunch with two ADAs and brought the subject up again. One said that without them, the city/county would have to hire more cops and snoops and what-all to maintain standards of appearance and behavior, and that'd mean more city/county vehicles and more fat-ass supervisors for street repair and pet complaints and all that stuff. Said my property taxes probably would go up more than double what I pay in HOA dues.

Then I got a warning ticket from the HOA because my son left his pickup here when his ship made a North Atlanic 6-month cruise. It was kinda in the way in the driveway, so I moved it over to the side of the house under an oak. Ticket said it was "unsightly," so I asked if it would have been O.K. had it been in the driveway. Answer was "Yes" because that's what driveways are for. Hell, with the limbs of that tree hangin down, you barely could see it from the street.

Self-possessed, self-righteous, self-important, self-serving little pissants who get a taste of power and get drunk on it and think they can kick every ass in the boot-scootin bar.

Asked a cop if any ticket I got from them would be valid, and he said that if I got too many involving vehicles it could cost me points on my license and eventually get it rescinded. JHFC!!!

Posted by: Ron on December 11, 2009 08:40 AM

If I lived closer to Mr. Barfoot, I would have volunteered to stand *armed* guard over his flag. I would have told the "ASSociation" they would have to go through me to take down his flag.

chicopanther

Posted by: chicopanther on December 11, 2009 08:52 AM

Sorry, I would NEVER, EVER move into ANY neighborhood "controlled" by an HOA. EVER!! They seem to be a creature of gated communities around here, thank goodness. Living in an apartment for 2 years after we were married in 1972 was enough! Being under someone else's thumb for even THAT long was too much for me to handle. I grew up in an old neighborhood, in the 50's, in a house my uncle built. The neighborhood grew slowly beginning around 1910, with each house being built by separate contractors over the years. No "development" for me (or "tract" houses, as they're known in some parts of the country). I've lived in this semi rural area now for over 35 years in the same house, in an old neighborhood that has, like my childhood neighborhood, grown slowly through the years with each house built by different contractors. No cookie cutter homes OR cookie cutter rules. Just "ain't" my cup of tea. I could NEVER handle that crap. Someone would die. Quickly.

Posted by: JerseyJerry on December 11, 2009 08:56 AM

One of Mr. Barfoot's neighbors was on FOX this a.m. She said the matter is not resolved, rather it has been "tabled" until June. HOAs don't give up easily and never act on behalf of anyone's "good" except their own. Much like Congress.

Posted by: woody on December 11, 2009 09:18 AM

Why oh why do people insist on/continue to call Medal of Honor reciepients "winners"?

Was it a contest, sweepstakes, sporting event or the lottery?

The reciepient is AWARDED the Congressional Medal of Honor, by a greatful Nation, based on selfless and heroic actions taken in the 'theatre'.

Just wondering.

And HOAs suck. That is all.

Posted by: jw on December 11, 2009 10:12 AM

I'm with you, JerseyJerry. I will never live with one of those. I've seen ones with rules that were very minimal, but I've also seen them where they dictate what kind of curtains you put in your windows and what color siding is on your house. Don't think so. I pay the mortgage, I pay the taxes, HOA keeps their nose out of my business. I live in the country in an old neighborhood; big plots, lots of trees=can't see the neighbors and don't care. And our neighbors mind their own business.

Posted by: phthaloblu on December 11, 2009 10:41 AM

I am big on property rights. If I own it, I can use it in any way that I see fit. That said, let me qualify my remarks.

If a property is governed by an HOA, and I know that going in, and I choose to purchase the property anyway, then I can't complain about the rules. By going ahead with the purchase, I am agreeing to be bound by whatever rules are then in effect, and by whatever new rules the HOA comes up with under the by-laws (that I had opportunity to read before I made my purchase).

If you don't like HOA's, don't buy property that is governed by an HOA. Conversely, if you buy property under the thumb of the HOA, don't complain when they expect you to obey the rules.

Posted by: MorningGlory on December 11, 2009 10:55 AM

Agree with MorningGlory.

Furthermore...

http://biggovernment.com/2009/12/10/a-veteran-who-has-earned-the-right-to-display-old-glory/#more-43834

I agree with this commenter there:

By John D

Rep. Cantor,
With all due respect, I believe you have no idea what the real issue is concerning Col. Barfoot and your 'solution' only exacerbates the problem.
Col. Barfoot did not 'earn the right' to display the flag. He, as an American, was born with that right and is merely exercising that right.

We, the people, have this legally-binding contract with our government. It is called the Constitution. In it, there are several rights of the people acknowledged, not given.
One of those rights is Freedom of Speech. It is enjoyed by all citizens, not just a select few.
Do you see that your resolution would create a special class of people?
Col. Barfoot and all other CMH recipients, as much as I respect and salute their gallantry, have the same rights as you or I.

Finally; the Medal of Honor is not 'won'. It isn't a lottery or a sweepstakes. The recipients are awarded it by a grateful nation.

Posted by: jw on December 11, 2009 11:56 AM

I realize that my view may not be popular but I think the Ret Col has some culpability here as well as the HOA. I know that HOA can be a pain in the posterior and usually run by tyrannical people with nothing better to do. I happen to live in a area with a HOA that is needed due to the private community beach, dock, roads, and water system. Yes the roads and water system in my neighborhood are private owned by the HOA and not government provided. Our water rates are one third of the houses down the road provided by the local municipality.

Back on topic as referenced in an earlier comment you are required to be informed before you move into an area with an HOA that an HOA exist and in WA you have to sign a document stating you have reviewed the bylaws. The good Col knew that the HOA had review power since he asked for a permit before he had the flag pole installed. They declined the request but he had it installed anyways. I wondered what he would have done if a enlisted soldier in his command did something they felt they should be able to after he had set an SOP making that action against his rules.

Specifically to Harpers comment above about the Freedom to Display the Flag act the HOA allows for house mounted flags and flag poles thus they meet the requirement of the law.

I totally respect his heroic actions in which he was awarded the MOH. I think that the HOA could write a rule that allows MOH awardees the right to a flag pole while others can only have the house mounted flag pole.

Mike

Posted by: Mike on December 11, 2009 02:07 PM

Mike, with all due respect, bullshit! Reread JW's comment. If ANY SOB tries this crap with me or any other veteran I know, they'll have that pole rammed up their ass. When I was drafted in 1967, I signed a blank check to the US Government. The day when some two bit little bastard/bitch attempts their little power trip with me is the day when their life will flash in front of their eyes. The older I get, the less tolerant I get with this garbage. Maybe a nice little "GI party" for these mini-Nazis would be in order. Bah!

Posted by: JerseyJerry on December 11, 2009 03:37 PM

Fuckin' A, Jersey Jerry !

Posted by: Sandy G. on December 11, 2009 10:01 PM

"Earlier this year, Virginia's legislature named a stretch of Route 16 the 'Col. Van T. Barfoot Medal of Honor Highway.'"

Why the HELL did they wait until he was 90?!

Why do so many well-deserved honors come so LATE for these guys?!

What if he had never lived to see it??

Posted by: William Miller (pupista!) on December 12, 2009 04:23 AM

Yet I'm sure there are highways/interchanges named for Ted Kennedy, Sharpton, Jesse Jackson, Cynthia McCommie etc. Just goes to show the retarded mind set of the world we live in today.

Posted by: Rayvet on December 12, 2009 06:14 AM
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