Disabled veteran sued by HOA over flagpole for which he has permit
An HOA is suing a disabled veteran over a flagpole he put up in his front yard to display the American flag.
Florida statute says homeowners can have flagpoles even if their HOAs have rules about them.
The homeowner does have a permit approved by the City of Port Orange for his flagpole.
PORT ORANGE, Fla, - A Florida HOA is using a resident, a disabled veteran, over a flagpole he put up in his front yard to fly the American flag.
What we know
The Countryside Villas PUD-3 HOA in Port Orange is suing one of its residents, a disabled veteran, over a flagpole he erected to display the American flag.
The HOA sent the homeowner a letter saying, "Permanent flag poles require approval prior to construction." They sent him warning letters, notices of fines and of increased fines, a hearing notice, and eventually served him with a lawsuit because he didn't pay the $1,000 fines they levied against him. One of the letters threatens they can place a lien on his home if he doesn't pay the fine.
City records show inspectors came out twice and gave the flagpole the okay three weeks before the lawsuit was ever filed.
An HOA attorney explained to FOX 35's Marie Edinger, Florida Statute now says as long as it's under 20 feet high, you can have a flagpole on your property, even if your HOA has rules against it.
What we don't know
FOX 35's Marie Edinger asked the HOA twice whether there was any remedy they could see that would result in the lawsuit being dropped; the first time, she did receive a response but that question was ignored, so she followed up to ask again.
The HOA Board wrote back, "We would need to check with our attorney. However the resident is currently hospitalized."
What they're saying
Neighbors are up in arms over this issue.
"Leave the veteran alone. He hasn't done anything wrong," said Frank Johnson, a veteran himself. Johnson assisted with the permit application for the flagpole.
"He's called me crying that they're harassing him and bullying him," he added. "He's served this country. He's paid his dues. They want to get him on a flagpole and some weeds in the lawn. It's pathetic. It's really pathetic."
Robert Sabatino say's he's pushing for a recall election because of all this. He's a history teacher.
"I spend my year telling students all year that governments exist because the people allow it. And when the government becomes too abusive, it's up to the people to take it back and change it."
Margaret Murphy sent the State Senator for the area, Tom Wright, a letter asking for guidance.
"My father is a survivor of Pearl Harbor. He would be rolling over in his grave if I didn't say something."
The HOA did not respond by FOX 35's deadline, but did respond afterward. The Board said in a statement that this is not about a flag or a flagpole.
"The resident was told via multiple correspondences that he absolutely can have them. The situation boils down to that he failed to submit an ARC application which is required for flagpoles by the HOA. That rule has been in place since 1990," the HOA Board said.
"Florida Statute makes it clear that an HOA resident also needs to follow the governing documents which he has failed to do. This situation is no different than any other Architectural guideline in our docs. As a result, a fine was imposed and he failed to pay the fine."
An HOA attorney and the Managing Partner of Orlando Law group, Jennifer Englert, says this particular statue is much clearer than average: you have to allow flagpoles.
"Why are you fighting about something that you know you have to allow, that is very clear?" she said.
What's next
There is a pre-trial hearing for this case in September.
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The Source
FOX 35's Marie Edinger read the lawsuit against the veteran in its entirety. She talked with two different HOA attorneys about the laws regarding flagpoles erected on private properties in communities with homeowners' associations in the state of Florida. She spoke with five people living within The Villas who discussed concerns over the HOA's handling of this lawsuit, as well as a woman who's been caring for the disabled veteran. She reached out to the HOA and to the HOA's attorney. She reviewed permit applications for the veteran's flagpole. She read a letter one community member sent the State Senator representing the area.
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