seriously, it states right in there that he IS allowed to put a moderately sized flag pole ON HIS PORCH.
wtf is the big deal. I bet this thing is a MASSIVE and severely awkward looking.
So you’re telling me after he single handedly killed 7 nazi’s, captured 17 POWs, knocked out three defensive positions, stopped three tanks while disabling one, and saving two soldiers all in a days work that he isn’t allowed to display his patriotism a little bit more than his fellow HOA members? He went above and beyond his expectations year earlier, I think they can cut the man some slack and let him wave his flag.
Sure he knew the rules, sure he went ahead anyway.
But come on, take a step back and look at the big picture.
It’s a flag pole which he proudly uses to celebrate and display the american flag. If the majority of the public had half the respect for our country that this dude has, or has done as much for our country as he has…
I side with the Colnel on this one.
I also agree with newman. If he didn’t live in a yuppie subdivision he wouldn’t have to worry about this shit. Entirely his fault.
A congressional medal of honor really doesn’t mean crap when it comes to your rights on your property when the HOA controls everything. It actually doesn’t mean anything except that you may get an ounce of respect from 99% of the population of this country and the other 1% will know you’re a hero, but that really wouldn’t get you anywhere anyway. I bet if it wasn’t labeled as a CMOH 99% of the people on this forum wouldn’t have been able to identify it, and still wouldn’t care what it was.
I could maybe see if there was some line in the HOA code that specifically prohibited the flag pole but there isn’t. He asked for permission and they arbitrarily said, “nope, sorry war hero, hang your flag from your porch because we said so”. I still wouldn’t like it, but I could at least see the point of “he knew the rules and decided to live there”. That’s not the case though. Nothing in the rules says, “no flagpoles”, they just made one up after he asked to install one.
And yes, since there isn’t a rule specifically prohibiting it I believe his past service for this country SHOULD be taken into consideration when deciding if he should be allowed to put up the flagpole.
Plus, what’s it harming? Are low-flying planes running into it, have people died while hanging on it during a lightning strike?
It’s probably just the HOA’s view of aesthetics paired with their authority to “say so”.
There are bigger problems out there.
I’d like to meet the bitter old lady across the street who’s complaining about it.
Im so confused. Is this guys name Barfort or Barfoot?
There may not have been a rule prohibiting a flag pole, but I assume there are rules prohibiting a property owner from making unapproved improvements.
So? That means they had the power to approve it and didn’t, hence why the members of this HOA should be the social pariahs they appear to be becoming now that this story is getting national attention. It was an arbitrary decision where they could have easily given him approval based on the big picture.
Wow, check this out:
http://news.google.com/news?hl=en&source=hp&q=Van%20T.%20Barfoot&um=1&ie=UTF-8&sa=N&tab=wn
His story is really starting to take off now.
wow. It’s 21 feet high? That’s pretty large.
Not to mention, the articles all say that they denied the request based on the aesthetic guidelines that are part of the “rule book”.
21 Feet isn’t that bad, my house is almost 35 feet tall and I have plenty of trees much taller then that.
It just sounds like a stupid HOA getting a boner on a flag pole. Bunch of keep up with the jones FGGTS.
looks like a 1-story house to me
His house is not in the middle of the neighborhood:
Video of him speaking out: http://www2.timesdispatch.com/rtd/news/local/article/POLEGAT02_20091202-091201/309031/
Ill save you the read, and heres the last paragraph…
Quote:
Restrictions on Display of the Flag by
Real Estate Associations
The Freedom to Display the American Flag Act of 2005 prohibits a
condominium, cooperative, or real estate management association from adopting or
enforcing any policy or agreement that would restrict or prevent a member of the
association from displaying the flag in accordance with the Federal Flag Code on
residential property to which the member has a separate ownership interest.
Just pointing out that the HOA has the legal right to disapprove of the flagpole.
I don’t agree with the decision of the HOA and feel that there should’ve been a compromise reached.
That said, who knows what the recourse is now. It is all up to what is in the HOA contract. I assume some kind of mandatory arbitration so here’s to hoping they can work something out before it reaches public courts.
Read above… They really dont have the legal right…
As long as the flag is properly displayed, they cant. He puts it up in the time of light and removes it in times of darkness… He could actually fly it 24/7 if it was properly illuminated.
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 a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
The residents can have wall mounted flagpoles. While they aren’t preventing him from flying the flag entirely, is it considered a restriction if they only allow wall mounted flags?
I still think the people raising this stink need to find more productive ways to spend their time.
+1. I’m glad the ole man did it anyways. Now he needs to dust off his ole gear and go ape shit on the communist regime that is denying his patriotism.