Disabled Veteran Faces Off Against Homeowners Association Over Flagpole Dispute in Florida

Disabled Veteran Faces Off Against Homeowners Association Over Flagpole Dispute in Florida

A disabled veteran in Volusia County, Florida, is involved in a contentious legal battle with his homeowners association regarding a flagpole erected in his front yard.

As reported by WOFL-TV, a local Fox News affiliate, the Countryside Villas PUD3 homeowners association has initiated a lawsuit against the veteran. The association claims that he did not obtain the necessary approvals for installing a permanent structure on his property.

Community members have rallied in support of the veteran, expressing their frustration over what they perceive to be harassment and excessive legal action.

“Leave the veteran alone. He hasn’t done anything wrong,” stated Frank Johnson, a fellow veteran. Johnson shared that the veteran has expressed feeling harassed, stating, “He’s called me crying that they’re harassing him and bullying him. He’s served this country. He’s paid his dues. They wanted to get him on a flagpole and some weeds in the lawn. It’s pathetic. It’s really pathetic.”

The HOA asserts that its decision to take legal action is based on the need for procedural compliance regarding property modifications.

Flagpole Lawsuit and the Veteran’s Rights

In a letter addressed to the veteran, the association clarified that they are not denying his right to display the American flag. Instead, they are enforcing a policy that mandates prior approval for any permanent flagpoles. The association emphasized that the veteran’s military service does not exempt him from adhering to these guidelines.

The conflict escalated after the veteran refused to remove the flagpole, resulting in fines totaling $1,000. In retaliation, the HOA has filed a lawsuit seeking $8,000 and is threatening to place a lien on his home.

Jennifer Englert, a managing partner at a law firm in Orlando, commented on the situation. She noted that Florida law allows homeowners to have flagpoles not exceeding 20 feet in height, regardless of the HOA’s restrictions. “Why are you fighting about something that you know you have to allow? That is very clear,” Englert stated, suggesting the HOA’s actions may not hold legal significance.

Community Response to HOA Actions

Neighbors and caregivers have voiced their disapproval of the HOA’s tactics, labeling them as bullying tactics that are disrespectful to someone who has served the country.

Margaret Murphy, a resident who participated in HOA meetings, has taken her concerns to State Senator Tom Wright. In a letter, she referenced her father, a survivor of the Pearl Harbor attack, as her motivation to speak out. “My father was a survivor in Pearl Harbor. He would be rolling over in his grave if I didn’t say something,” she remarked.

HOA’s Defense and Claims of Compliance

The Countryside PUD Unit III-B HOA, Inc. Board of Directors released a statement asserting that they never prohibited the veteran from installing a flagpole. They clarified that the issue at hand revolves around the failure to submit an Architectural Review Committee application, which has been a requirement since 1990.

The board expressed that they communicated to the veteran multiple times that he is allowed to display a flagpole. “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,” they stated.

Additionally, the HOA stated that the veteran was given numerous chances to rectify the situation, including potential assistance from local organizations like the American Legion and the Elks. However, the veteran did not attend a hearing scheduled to address the fines.

“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 guidelines in our docs. As a result, a fine was imposed, and he failed to pay the fine,” the HOA added.

Upcoming Legal Proceedings

A pre-trial hearing is set for September, where the HOA and the veteran will likely present their arguments. The outcome of this proceeding could have significant implications for this case and similar disputes involving homeowners associations.

Fox News Digital has attempted to reach out to the Countryside PUD Unit III-B HOA, Inc. Board of Directors for further comments regarding the ongoing situation.