Disabled veteran fights homeowners association lawsuit over flagpole in Florida yard

A disabled veteran successful Volusia County, Florida, is astatine the halfway of a heated quality with his homeowners relation (HOA) implicit a flagpole installed successful his yard. 

According to Fox News affiliate WOFL-TV, the Countryside Villas PUD3 HOA has filed a suit against the unnamed veteran, claiming helium failed to get the required support earlier erecting the imperishable structure. 

Despite the ineligible friction, assemblage enactment for the seasoned has surged, with neighbors speaking retired against what they spot arsenic harassment and unnecessary litigation.

"Leave the seasoned alone. He hasn't done thing wrong," Frank Johnson, a seasoned himself, told the outlet. "He's called maine crying that they're harassing him and bullying him. He's served this country. He's paid his dues. They wanted to get him connected a flagpole and immoderate weeds successful the lawn. It's pathetic. It's truly pathetic."

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Disabled seasoned fights homeowners relation suit implicit flagpole successful Florida yard. (WOFL-TV)

The HOA maintains that its actions are grounded successful procedural compliance. 

In a missive sent to the veteran, the relation emphasized that it was not denying his close to alert the American flag, but alternatively enforcing a argumentation requiring anterior support for imperishable flagpoles. The missive noted that the veteran’s subject service does not exempt him from these rules. 

The concern lone escalated erstwhile the seasoned refused to region the flagpole, accruing $1,000 successful fines. The HOA responded by initiating a suit for $8,000 and threatening to spot a lien connected his property. 

Orlando Law Managing Partner Jennifer Englert told WOFL-TV that this enactment whitethorn not beryllium legally defensible. Englert explained that Florida statute says arsenic agelong arsenic the flagpole is nether 20 feet, a homeowner tin person a flagpole connected their property, adjacent if the HOA has rules against it.

"Why are you warring astir thing that you cognize you person to allow? That is precise clear," she said.

The HOA sent the homeowner a missive saying, "Permanent emblem poles necessitate support anterior to construction." They sent him informing letters, notices of fines and of accrued fines, a proceeding notice, and yet served him with a suit due to the fact that helium didn’t wage the $1,000 fines they levied against him. (WOFL-TV)

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Concerned neighbors and a caregiver person travel guardant to condemn the HOA’s tactics, describing them arsenic bullying and profoundly disrespectful to idiosyncratic who served the country. 

Margaret Murphy, a nonmigratory who attended HOA meetings, took the contented to State Sen. Tom Wright, expressing successful a missive that her ain father's bequest arsenic a Pearl Harbor subsister compelled her to act. 

"My begetter was a subsister successful Pearl Harbor. He would beryllium rolling implicit successful his sedate if I didn't accidental something," she told the outlet.

"The nonmigratory was told via aggregate correspondences that helium perfectly tin person them. The concern boils down to that helium failed to taxable an ARC exertion which is required for flagpoles by the HOA. That regularisation has been successful spot since 1990," the HOA committee said. (WOFL-TV)

In a connection to WOFL-TV, The Countryside PUD Unit III-B HOA, Inc. Board of Directors said that they ne'er told the seasoned homeowner that the "flagpole/flag was prohibited."

"Factually, this has ne'er been astir a emblem oregon a flagpole. The nonmigratory was told via aggregate correspondences that helium perfectly tin person them. The concern boils down to that helium failed to taxable an ARC application, which is required for flagpoles by the HOA. That regularisation has been successful spot since 1990," they said.

"The nonmigratory was fixed aggregate opportunities to remedy the concern including assistance from the American Legion and the Elks. He besides was fixed an accidental astatine a proceeding that helium ne'er showed up for. Florida Statute makes it wide that an HOA nonmigratory besides needs to travel the governing documents which helium has failed to do. This concern is nary antithetic than immoderate different architectural guidelines successful our docs. As a result, a good was imposed, and helium failed to wage the fine."

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A pre-trial proceeding is scheduled for September.

Fox News Digital has reached retired to The Countryside PUD Unit III-B HOA, Inc. Board of Directors for comment.