Henrico Medal of Honor winner, 90, ordered to remove flagpole

[Pathfinder]

http://www2.timesdispatch.com/rtd/news/local/article/POLEGAT02_20091202-091201/309031/P0/

To pre-empt TAB, the HOA does not prohibit flagpoles, his pole was determined to violate an aesthetics clause. At the suggestion of one of the posters, I sent a note to the law firm at http://www.coateslaw.com/CM/Custom/Contact.asp

"I just read the report in the Richmond Times-Dispatch indicating that you were representing the Sussex Square HOA in its actions against Col. Van T. Barfoot. I have only one question for you.

How dare you take this action against a retired vet, and a Medal of Honor recipient?

Especially since the VA Code clearly allows his flagpole, to whit:

"55-513.1. Flag display; necessary supporting structures; affirmative defense.

A. Unless specifically prohibited by the association’s rules and regulations or architectural guidelines provided in the disclosure packet required pursuant to � 55-512, the association shall not prohibit any lot owner from displaying the flag of (i) the United States, (ii) the Commonwealth, (iii) any active branch of the armed forces of the United States, or (iv) any military valor or service award of the United States.

B. In any action brought by the association under � 55-513, the lot owner shall be entitled to assert as an affirmative defense that the required disclosure of any limitations pertaining to the display of flags or any flagpole or similar structure necessary to display such flags was not contained in the disclosure packet required pursuant to � 55-512."

Either your firm is utterly incompetent, or venal in the extreme to take money to support - illegally - the HOA's actions.

Shame on you!

[twyacht]

They will never learn...



It's best I just post this picture, as I am under a blanket profanity restraining order..

If I were Col. Barfoot, I would have it taken down,,,,,,,

for a taller one!!!!!!

[ericire12]

Cant he just flash the medal and get them all to shut the hell up!

[TAB]

there is only 1 reason they should make you take a flag pole down, assuming it does not violate local codes.

that reason is, its unsafe. 

I have some pics some where of some repair work I had to do to a house when a 50'+ foot pole can down in a wind storm.  Long story short, it was only in the ground about 18" and only had 1 bag of concreate.( I build fences stronger then that !)   

In this case, if the HOA has some cluase saying the yard must look a nice and you put a butt ugly flag pole in...  HOAs are the devil, I will never buy a house that has a HOA.

[alfsauve]

Wish I lived nearby.   I'd volunteer to raise that flag again on Saturday and stand guard.

I'm so glad the C&Rs in my subdivision expired and that our HOA has absolutely no power what-so-ever.   An attempt to re-instate the C&Rs garnered less than 10% support.   Even with a majority, new C&Rs would have only applied to those homeowners who signed them.

[Sponsor]

[alfsauve]

Followup story:

http://www2.timesdispatch.com/rtd/news/local/article/FLAG031_20091202-234201/309270/

Seems this is snowballing against the HOA.   I might send money to Henrico for his defense fund even though a law firm has volunteer to defend him.

[devzal]

Un-fing-believable.

[twyacht]

Wouldn't it be a gesture of good will if BHO, (who jumped to a Harvard Professor's side, and than had some beer), kinda used his bully pulpit to say a few words about a REAL American??? Tell the HOA to BTFO, and earn some brownie points with the people???





Wait,....uh,..wishful thinking again,....nevermind...

[tt11758]

Sadly, in today's environment, this is how a real American Hero is treated.  The people in his HOA, as well as the entire country, owe this man a debt that can never be repaid, and this is how they go about showing their appreciation.  What complete horseshit!! 

Col. Barfoot, I salute you, sir, and thank you for all that you have done to keep this country that I love free.  May God bless you in your quest to continue flying Old Glory, and may God richly reward you for your sacrifices.

[2HOW]

things like this seem to work themselves out.