HOA Sues Disabled Military Veteran For Putting An American Flag Up On His Property
How about you focus on a real problem? There! Case closed.
F8 studio | Shutterstock Another day, another absurd story of HOA overreach, this time in arguably America's greatest hotbed of homeowners associations, Florida. Florida, of course, is also a hotbed of conservative voters, for whom shows of patriotism are an article of faith. So you'd think that if there was anything a Florida HOA would be in favor of, it's the stars and stripes, right? Not in this HOA neighborhood.
An HOA has sued a homeowner over the American flag on his property.
Wouldn't it be nice to have the kind of time and money to make a fuss over something like this? Because truly, who cares! Fix a real problem! That's what all those HOA dues are supposed to be for in the first place.
But as most people who've lived in an HOA neighborhood can tell you, that's rarely the case. One study found that more than half of HOA residents hate living under these tyrannical mini-dictatorships, and a third cited the fact that their HOA doesn't handle their funds properly as a reason why.
It's hard to think of a better example of this than the frivolous lawsuit unfolding in the Volusia County, Florida, community of Port Orange after a resident erected a flagpole in his yard without properly bowing and scraping to the HOA about it first.
The HOA fined the homeowner and sued them for not obtaining the proper permissions.
The Countryside Homeowners Association filed the lawsuit against the unnamed resident, who is a disabled military veteran, back in April after also fining him $1000 for not obtaining what it says are the proper permissions to put up the flag pole. The lawsuit has been filed because he refused to pay that fine.
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One of the resident's neighbors, Robert Sabatino, was so incensed about the situation after reading about it in the HOA's monthly newsletter that he spoke to local media about it, despite never having met the neighbor who put up the flagpole.
"I drive by the flagpole every day and think this is just wrong," he told local news outlet WKMG. “It’s not even my flagpole," he went on to say. "I just felt it was completely unfair."
The HOA, however, claims that it sent multiple notices to the resident informing him that he must obtain HOA approval for the flagpole, including one detailing their right to place a lien on his property if he did not take it down. The problem is that's not what state law says.
Florida law is explicit about residents' rights to have a flagpole regardless of HOA rules.
If this lawsuit strikes you as frivolous, it will likely seem even more so when you hear about the state laws at play. Aside from, you know, the First Amendment of the United States Constitution, a 2023 law passed in Florida gives residents the right to fly an American flag regardless of their HOA's rules, though there are stipulations about things like height and safety issues.
In this resident's case, he had gotten approval from the local government, which sent inspectors to his home twice to ensure the flagpole was up to code. The HOA is suing him anyway, but WKMG's legal expert Robert Kramer said the law is "very deferential" to homeowners and indicates that "unless this flag is in some easement, or setback, or restricted area," the HOA is going to have a "very difficult" time arguing its case.
And in case you needed something to further underline how absolutely outrageous this all is: When asked directly by news station Fox 35 if these or any other details of the case may result in it being dropped, one of the HOA's representatives said it could not answer the question because the homeowner is currently hospitalized and unable to discuss it.
Residents are outraged at the HOA's 'bullying' and have enlisted the help of state legislators.
The HOA taking residents' dues and using them for frivolous court and attorney fees is bad enough. But the toll the lawsuit is taking on the resident himself has some of his neighbors and local leaders even more furious.
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Frank Johnson, the local official who approved the flagpole, told Fox 35 that the resident has "called me crying that they're harassing him and bullying him." A neighbor has also sent a letter to the area's state Senator asking for help. The daughter of a Pearl Harbor veteran herself, she said her father would be "rolling in his grave" over the situation.
The HOA insists, however, that the resident clearly violated the approval processes they've had in place since 1990. But even an attorney who represents HOAs in the area, Jennifer Englert, told Fox 35 this is absurd because of how explicitly the state flag law supersedes the HOA. "Why are you fighting about something that you know you have to allow?" she mused. Imagine if all this money and effort were focused on actual problems.
John Sundholm is a writer, editor, and video personality with 20 years of experience in media and entertainment. He covers culture, mental health, and human interest topics.
