FLORIDA MAN BEATS HOME OWNERS ASSOCIATION GETS SUED FOR LEGAL FEES

by Yerusalyim 40 Replies latest social current

  • Euphemism
    Euphemism

    For everyone who asked "where was the ACLU"... the ACLU--and the constitutional guarantee of freedom of speech--is dedicating to controlling government actions. An HOA is a private, voluntary association. Its actions have nothing to do with consitutional rights.

    Secondly, DrWtsn and some others asked:

    How can this happen? Isn't the "loser" supposed to pay the legal fees of the "winner" (at least here in the US)?

    The only possibility I can think of is that the contract with the HOA contains some sort of clause indemnifying them against legal fees. I can't imagine that, but it's the only explanation I can think of. If anyone has a better one, let me know.

  • DakotaRed
    DakotaRed

    Apparently, he initially lost in court and the HOA placed a lien on his home for payment of legal fees. The State passed a law making it legal to "fly the flag in a respectful manner, regardless of any HOAs rules" and made it retroactive. However, the courts in Palm Beach still say the lien stands for their legal fees.

    http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=32757

    It's really sad when a 66 year old veteran can stand to lose his home for flying the American flag inside of America. Rules or not, when desecrating and burning the flag is condoned and flying it isn't, something is terribly wrong. The same would go for any nation and their citizens and their flag, as far as I'm concerned.

    When I was still in the Army, in Ft. Bragg NC, a Sargeant I knew, a super partiot to boot, tried to buy a flag on Sunday. He couldn't because of "blue laws" the flag being considered a "toy" and no toys could be sold on Sunday. He initiated such a stink that last I heard, the county exempted the flag from "toy status."

    What strikes me as even sadder, is even the dubs teach to show respect for the flag, just don't honor it.

  • Simon
    Simon

    I think there is a time and a place for everything and if the rules were clear when he moved in I don't think he has a valid complaint.

    From what I've read it sound like he may not be a good, considerate neighbour - what about their rights ?

  • Yerusalyim
    Yerusalyim

    Simon,

    The rules were changed after he moved in...and it's a stupid rule to begin with. If he's such a horrible neighbor there's procedures in HOA to get rid of them. If he's such a bad neighbor, why are 15 other residents of this HOA suing the HOA for spending their money on this suit. The only criticism of this guy I've read about comes from the HOA Board of Trustees.

  • rem
    rem
    If he's such a horrible neighbor there's procedures in HOA to get rid of them.

    Exactly. It's called putting a lien on your house and that's what they are doing. There are no procedures in a HOA to 'get rid' of a homeowner. You can only put pressure on a problem neighbor to leave by making life inconvenient for them.

    If he's such a bad neighbor, why are 15 other residents of this HOA suing the HOA for spending their money on this suit.

    I don't see why this is even a question. Some peope agree and some don't agree with spending their money this way. Maybe these people don't live on the same street as this guy. Who knows?

    rem

  • Sara Annie
    Sara Annie

    I like the HOA's in theory....

    A group of individuals concerned about the appearance of and behavior within their community form an association to keep their neighborhood clean and safe for all who reside in it. Good idea. There are certain standards that should be kept that are strengthened by such organizations and their by-laws. Property free of hazards, unsightly trash (i.e. cars on blocks, yards full of old appliances, etc.), bizarre paint or siding colors, livestock running around the front yard, etc. And while I have a few issues about the whole "Do what we say you should on the property you purchased and own" mentality, I fully agree that if you purchase property in an area with a restrictive covenant and sign to abide by their rules that you have agreed to do so.

    The problems, almost without exception, come into play when the management of the HOA is suddenly in the hands of someone with an over inflated sense of self who takes masturbatory pleasure in the idea that they now wield immense power in their new position. The kind of person who has very little else to do than go policing about the neighborhood with a clip board, a measuring tape, and a copy of the HOA's by-laws inventing infractions they can then demand be remedied with the sense of power and authority they just knew they were always entitled to. You know exactly the type of person I'm talking about. They make themselves a giant pain the ass of every good, honest, law abiding citizen in the neighborhood and put a bad taste in your mouth about HOA's the moment they enter the position.

    Case in point: My husband and I purchased our home nearly 4 years ago. We were aware of, read, agreed to, and signed the HOA agreement for our community. Upon purchase of our property (which was built 3 years earlier by the previous owner) we were told that our house and yard and all existing fixtures were in full compliance with the HOA bylaws. 2 years ago, 2 years AFTER we purchased our home, we received a letter from the new president (read: busybody, power hungry, egocentric, nothing better to do neighbor "Betsy") of our HOA saying that fencing was not in compliance as it was two inches too tall and the color wasn't approved. The fence that had been installed the same year the house was built, that had been certified fully in compliance 2 years prior to the letter, the same fence that had been standing for 5 years with no color change, was suddenly unacceptable. We would have to tear it down and replace it, or face stiff penalties from the HOA including (and I am NOT kidding) eventual seizure of our property if we didn't comply. We calmly pointed out that the fence wasn't objectionable for the five previous years and had even been certified to be IN compliance two years ago, and that the mistake on the part of the HOA would be generously overlooked by us. It took three more replies to increasingly rude letters, innumerable phone calls and two meetings, but we were finally able to point out that there was nothing wrong with our fence. That whole situation left a very negative impression about Betsy and her HOA leadership.

    After that, it seemed that our HOA president paid a great deal of attention to our property. I received a letter that the ceramic pots flanking my porch were not allowed (wrong, they were fine), that the paint color in my guest bathroom was distracting when the blinds were open, so could be considered an extension of our house color (Hello? That was dropped quickly...) and that the edging stones I'd chosen for our front yard landscaping were unapproved and would need to be removed (again, we were allowed to keep them). It seems that other neighbors were receiving the same kind of ridiculous scrutiny because it wasn't long after that Betsy's regime ended and calmer seas have since prevailed. But it was a good lesson for us in how a good idea can become a serious pain in the ass simply by virtue of the personal agenda of those who are charged with it's leadership.

  • DakotaRed
    DakotaRed

    The lien is for repayment of legal fees incurred in some 4 years of court hearings. When he purchased his home, it was not against any rules to have the flagpole, that came later with the HOA.

    Still, I still say it's a sad state of affairs for any nation when desecrating or burning your natioanl flag is consitutionally protected, but displaying it properly isn't. But then, flying the flag means more to most veterans than to many others.

  • ashitaka
    ashitaka

    For once, I agree with Yeru and Dakota. No matter what kind of neighbor he is, the HOA is punishing him for bringing a constituional right to trial, not for being a bad neighbor. This is a dispicable act on the HOA's part. They just want to screw the guy for making them look like idiots. They probably got all sorts of hate-mail because of it, and now they're going to make this guy pay. Sounds almost like organized crime.

    ash

  • pettygrudger
    pettygrudger

    Wow - 2 of the most outspoken conservative's (hannerty & limbaugh) are at total opposite sides on this one!

    As far as those who want to make this about hanging the American flag - it wouldn't have mattered if it were an American Flag, Easter Flag, Scooby Doo flag or any other flag!!! The emotional motivation of it being a symbol of our country should hold absolutely no bearing here

    He couldn't hand it from the brackets as the HOA demanded because the flag would have then touched bushes.

    Then put the brackets where the flag WONT touch the bushes - sheesh!

    And I'd like to see the "proof" that this was made a rule AFTER he moved in - the stories I've seen reported on this issue did not say this - they only say that he knew no flag poles were the rule when he purchased the home.

  • DakotaRed
    DakotaRed

    pg, the timing of when he knew of any ban on flag poles was brought out numerous times by his attorney on TV interviews. The HOA has not disputed that either.

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