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Couple Refuses To Back Down After Their HOA Fines Them Over A Pride Flag While Allowing Neighbors To Fly A U.S. Flag

Photo: TikTok
Jared Deluca

Most people living in the suburbs have to deal with a homeowners association (HOA) at some point in their life. Getting approval for painting your house or landscaping your yard can be stressful and irritating.

However, rarely does one have to deal with homophobia from their HOA. Jared and Tim Deluca are realtors living in Queen Creek, Arizona but took a break from their real estate content to briefly fight for some equality after they were fined over a flag in their yard.

The married couple says their HOA fined them for their pride flag.

On February 23rd, Jared Deluca posted to the video-sharing app TikTok discussing a fine from their HOA. He credits the fine to a pride flag they hung on their pergola.

Deluca says his HOA never officially stated that their pride flag was the issue but he knows how to read between the lines.

“Of course, they’re not going to call it a fine over the pride flag,” Deluca said. “They’re going to continue to say that it is due to an unapproved change to our property.”

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This comes as the second citation that their HOA imposed on them. They initially had the pride flag hanging off the back wall in their yard, which resulted in a citation. When they subsequently listened and moved the flag, they got slapped with another one and a fine — even though the flag was not on their back wall or pergola a day before they received the citation.

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They went to an HOA meeting to fight back against the fine.

A person in the comments suggested that the HOA may have a rule only allowing U.S. flags. Jared dismissed this assertion.

“I caught the board this evening,” he responded. “There’s nothing [saying that] in the CC&R’s. It’s barely addressed in the design guidelines.”

The CC&Rs—Covenants, conditions, and restrictions—are rules set forth by HOAs. 

Jared added in another comment that he’s a member of the architectural committee. “They seem to forget that I’m relatively well versed in the governing docs,” he wrote.

His neighbors have no issues with the HOA when they fly their American flags.

Jared shared in another comment that their pride flag is being singled out compared to other flags. “Oh they have no problem allowing the American flag, or military, or the blue line flag,” he commented.

In an interview with BuzzFeed, Jared continued to discuss the double standard they believe their HOA has regarding their neighbors’ flags.

“We have seen multiple examples within our community of 151 homes where the design guidelines are not being followed with the American flag, or various versions thereof,” Jared said. “The fact that their flags remain leads us to believe that design guidelines are not being enforced with those properties.”

However, the Delucas are not backing down. Jared posted a subsequent video of them setting up a 25-foot flag pole. On top of it was the American flag, and right below was the pride flag.

“The flagpole adheres to [the] design guidelines. So fine this,” Jared wrote atop the video, teasing their HOA.

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People in the comments applaud their actions.

“Love it! Pettiness… next to Godliness,” one person commented.

“Fly it high and proudly. For ever[y] bigot there are more of us that support you,” another added. “If you were my neighbor I’d help you then ask help raising my own.”

Jared also shared in the comments that the fine was $50. And that he has not paid it.

“At this time, no one on the HOA board of directors has made mention of our new and improved flag/flagpole,” Jared said in the BuzzFeed interview. “We have had multiple neighbors make mention of it, though. All of which have fortunately been supportive.”

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Ethan Cotler is a writer living in Boston. He writes on entertainment and news.