Another HOA Attacks The Flag...!

Whenever I hear a story like this, I get really mad!

I'm not very fond of HOAs to begin with, and actions like this is one of the main reasons why! To me, this is just another case of a patriot hating group of power hungry bozos trying to show how strong they are!

The excuses the HOA makes for trying to stop this flag flying make no sense to me, unless they are just out to prevent the flag from flying altogether! Here is the story from the Houston Chronicle!

A (too) high-flying flag?
Marine vet's 20-foot flagpole has homeowners association filing suit over a display of patriotism that stands taller than allowed

By MIKE MORRIS
HOUSTON CHRONICLE
Jan. 7, 2011, 4:49AM


Marine veteran Michael Merola says he "just didn't buy" his neighborhood association's reasons why he couldn't put up his big flagpole.

A Marine Corps veteran is being sued by his Cypress-area homeowners association because the flagpole on which he flies the United States and Marine Corps flags does not meet his subdivision's design guidelines.

Mike Merola and his lawyer, Lee Thweatt, say this is a classic case of overreach by a nitpicking homeowners association. Lakeland Village Community Association says it is seeking to enforce its rules evenly on all residents.

Standing in his backyard in a black T-shirt bearing an eagle and the American flag, the 60-year-old Merola called that argument "a lame excuse." After his application to erect a 20-foot flagpole in his backyard was denied, he protested in a series of letters and, ultimately, erected the pole anyway.

"They just don't understand, unless they've been in the military, to feel the pride that I feel in flying that flag high and proud," said Merola, who served in the Marines from 1969 to 1977. "The excuses and things that they came up with for me not being able to fly that flagpole, I just didn't buy. That's why I bucked the system and put it up."

The association's lawyer, Nina Tran, said her clients encourage residents who wish to fly the flag to do so — as long as that flag is attached to a 6-foot pole mounted on a resident's home, as the bylaws stipulate.

Such an approach is "in keeping with the residential nature of the community," the board wrote in a statement. The suit alleges the pole is "a detriment to Lakeland Village and … (causes) imminent harm and irreparable injury to (the association)." The suit seeks a $10 fine for every day the pole stays standing, a court order to remove it and payment of attorneys' fees.

"The problem with a flagpole of that height and that significance is that it flaps in the wind and causes noise to other homeowners," Tran said. "If we allow the mounting of a 20-foot freestanding flagpole in the backyard, who's to say that the next person isn't going to mount it to the top of their roof? We have to have standards."

But Merola, who moved into the neighborhood in March 2009, bringing the flagpole from his former residence, said he's received only compliments from neighbors about the pole, whether from kids skateboarding by on the walking path behind his back fence or from neighbors who've stopped to investigate the source of all the gossip. The neighbors don't mind !

"I don't understand why the homeowners association overreacted like this," said Thweatt, Merola's lawyer, and a Marine himself. "I understand they have to protect the property values of the people in that subdivision, but they've had no complaints. It's not like the guy painted his house neon orange."

Merola's next-door neighbors, Satish and Ann Kalra, said the pole does not bother them.

"The homeowners association should look at the rules again," Satish Kalra said. "If the rules need to be modified, they should be modified. … That would be the logical thing to do."

Tran said even if Merola has not received complaints, another neighbor with a similar flagpole might.

Thweatt, who took the case pro bono, said he believes the suit violates the Freedom to Display the American Flag Act of 2005, which says, in part, that a homeowners association "may not adopt or enforce any policy … that would restrict or prevent a member of the association from displaying the flag."

No court date has been scheduled in the case.

"I hope we can come to some kind of agreement that will let me continue to fly the flag loud and proud for as long as I live," Merola said.

mike.morris@chron.com

You know, time and time again we hear stories where HOAs are attacking folks about the way they display the flag! Why? Do they really feel that proudly showing the American Flag will hurt the property values in their neighborhood?

I'll tell you one thing! I'd be a lot quicker to locate in a neighborhood flying the flag than in one that didn't! To me, this is just one more case of a HOA throwing their weight around! You would think that any neighborhood would be proud to have a true flag waving patriot in their midst, instead of some of the alternatives!

But...that's just me! Personally, I'd feel a whole lot better with having this vet as a neighbor than some of the neighbors I have now!

Fresh coffee and hot chocolate in the kitchen this morning! It's 29 on the patio and for me, that's just too cold to sit outside!