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KruciallMC
12-03-09, 16:47
Col. Van T. Barfoot, a local Medal of Honor winner, is under the gun from his Henrico County community's homeowner association.

In a five-paragraph letter to Barfoot that he received yesterday, Barfoot is being ordered to remove a flagpole from his yard. The decorated veteran of three wars, now 90 years old, raises the American flag every morning on the pole, then lowers and folds the flag at dusk each day in a three-corner military fashion.

In a priority mail letter, the Coates & Davenport law firm in Richmond is ordering Barfoot to remove the pole by 5 p.m. Friday or face "legal action being brought to enforce the Covenants and Restrictions against you." The letter states that Barfoot will be subject to paying all legal fees and costs in any successful legal proceeding pursued by the homeowner association's board.

Barfoot lives in the Sussex Square community in far western Henrico; its board of directors rejected a plea from Barfoot in July to approve the pole, disallowing the fixture on aesthetic grounds.

There is no provision in the community's rules expressly forbidding flagpoles, Barfoot's daughter said. But she said the board ruled against her father's fixture and ordered it removed in July, deciding that free-standing flag poles are not aesthetically appropriate. Short flag stands attached to porches dot the community.

"Dad sort of feels like this is the end," said Margaret Nicholls, Barfoot's daughter, who lives a few doors away. But she said this morning that she and her husband are attempting to generate support for her father's cause, a flag-raising rite that he has undertaken for most of his life.

Barfoot received the Medal of Honor on the battlefield during World War II in Italy and fought as well in the Korean and Vietnam wars. A portion of a highway in rural Mississippi, his native state, was named in his honor this fall. A building at McGuire Veterans Hospital in Richmond also carries his name.

Barfoot began regularly flying the flag on Veteran's Day this year despite the Sussex Square board's decision.

He said in November that not flying the flag would be a sacrilege to him.

"There's never been a day in my life or a place I've lived in my life that you couldn't fly the American flag," he said.

For more on this story, see tomorrow's Richmond Times-Dispatch.

-- Bill McKelway

--------------------------------------------------------------------------

His citation:
Citation For conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy.
With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank.
He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers.
Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17.

Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions.
Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank.
As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech.

While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers.


Please go to the link below and vote!!
http://www.foxnews.com/opinion/2009/12/03/american-hero-allowed-fly-old-glory/

Coates & Davenport (the law firm backing the HOA):
5206 Markel Road
Richmond, VA 23230-3044
Phone: (804) 285-7000

Sussex Square HOA Line: 804-740-8795 (Note: This number claims to be the wrong number)

HOA President:
Glenn Wilson
11800 N. Downs Square
Henrico, VA 23238
804-741-9160

HOA Director:
Evelyn L Wilson (Address same as Glenn Wilson)

HOA Treasurer:
Martha Middleton
11808 Rochampton Square
Richmond, VA 23238

Lawyer assigned to the case: Attorney Alexandra Bowen, Coates & Davenport, Richmond, Virginia
Alexandra "Sandra" D. Bowen
5206 Markel Rd
Richmond, VA 23230
804-285-7000

ThirdWatcher
12-03-09, 16:55
I'm really getting tired of this kind of stupidity. IMO, anyone ought to be allowed to fly a US flag on their property, not just our heroes.

There must be at least a hundred American flags flying at residences in my beat, and several include military branch flags (and there's not a military installation within a hundred miles).

Ak44
12-03-09, 17:40
Homeowner Associations are f'n retarded. These people tell you how to put your basketball hoop up, what kind of mailboxes are allowed, what kind of doormats, how you can plant flowers...Ridiculous. I guarantee those HOA people never served a day in their life. I also bet that they were still in diapers if that when the Colonel was fighting overseas.

wake.joe
12-03-09, 17:44
Would it be considered radical if someone went and stood guard outside him home? In defense of the flag.

Icculus
12-03-09, 17:53
Sad. I can't believe how ridiculous it is that someone (anyone) can't fly our nations flag in honor.


Would it be considered radical if someone went and stood guard outside him home? In defense of the flag.

My guess is you'd end up both on the news and in handcuffs--hard to say which one first.

Ak44
12-03-09, 18:20
You'd be on the news as a Right Wing Extremist, Lord help you if you are a Vet...absolutely ridiculous.

parishioner
12-03-09, 18:27
Homeowner Associations are f'n retarded. These people tell you how to put your basketball hoop up, what kind of mailboxes are allowed, what kind of doormats, how you can plant flowers...Ridiculous. I guarantee those HOA people never served a day in their life. I also bet that they were still in diapers if that when the Colonel was fighting overseas.

I can understand why homeowner associations are particular about things. It keeps the property value up which is good for everyone. Nobody makes you live in a certain community. This situation however, is utter blasphemy. My neighborhood is well regulated, but there is no rule against flags or flag poles. There are quite a few of them as a matter of fact.

There should be some sort of federal law allowing you the right to hoist the flag of your country on your own property without interference. Especially, if you actually risked your life and fought with your hands for it. I really don't think that's asking for too much.

Ak44
12-03-09, 18:31
I can understand why homeowner associations are particular about things. It keeps the property value up which is good for everyone. Nobody makes you live in a certain community. This situation however, is utter blasphemy. My neighborhood is well regulated, but there is no rule against flags or flag poles.

I understand that property value is important, but will it really decrease property value if my basketball hoop is on the other side of the driveway which is deemed wrong by the HOA? Or the fact that my Mailbox is a different model than the ones prescribed as acceptable by the HOA? I agree that no one makes you live in a certain community, but if you pay a Mortgage and pay taxes on the home, shouldn't you have a little freedom to make it the way you want it?

parishioner
12-03-09, 18:44
I understand that property value is important, but will it really decrease property value if my basketball hoop is on the other side of the driveway which is deemed wrong by the HOA? Or the fact that my Mailbox is a different model than the ones prescribed as acceptable by the HOA? I agree that no one makes you live in a certain community, but if you pay a Mortgage and pay taxes on the home, shouldn't you have a little freedom to make it the way you want it?

Yea, I agree. I actually thought you were just embellishing the story with the bit about the basketball goal. Thats ridiculous. You should get on the board and try to change some of that. I think it depends on how you found the place. If you move to a certain neighborhood or build a house there and all the mailboxes are the same or similar, I kind of think you should follow suit because thats the way its been. But if you have lived someplace for a while and everyone has different mailboxes and then the HOA suddenly says they want everyone to go out and buy matching mailboxes, they can take a hike.

Ak44
12-03-09, 19:07
Yea, I agree. I actually thought you were just embellishing the story with the bit about the basketball goal. Thats ridiculous. You should get on the board and try to change some of that. I think it depends on how you found the place. If you move to a certain neighborhood or build a house there and all the mailboxes are the same or similar, I kind of think you should follow suit because thats the way its been. But if you have lived someplace for a while and everyone has different mailboxes and then the HOA suddenly says they want everyone to go out and buy matching mailboxes, they can take a hike.

I pretty much do whatever I please now, I haven't heard anyone from HOA pester me these days. I remember though when we first had the house built when the neighborhood was only a street they had all these rules and guidelines. Now the neighborhood is huge. I can't wait til I earn some more money and head out to more rural settings. :cool:

Back to the topic, I still can't believe the HOA is still going through with this with the media coverage....

VTLO910
12-03-09, 19:51
This makes me angry...

So does seeing busted up flags when I'm driving past Dept Stores and the like...

Any American, Permanent Resident, or ANYONE who is proud of this country should have the right to fly the flag...

That being said, he is a Medal of Honor Recipient... If he wants to wear his medal on his naked body and go streaking through through Washington D.C., HE EARNED IT...!

:mad:

TITLE 4 > CHAPTER 1

CHAPTER 1—THE FLAG

§ 1. Flag; stripes and stars on
§ 2. Same; additional stars
§ 3. Use of flag for advertising purposes; mutilation of flag
§ 4. Pledge of allegiance to the flag; manner of delivery
§ 5. Display and use of flag by civilians; codification of rules and customs; definition
§ 6. Time and occasions for display
§ 7. Position and manner of display
§ 8. Respect for flag
§ 9. Conduct during hoisting, lowering or passing of flag
§ 10. Modification of rules and customs by President

For anyone who wanted to know a lil bit more about the law in regards to our flag...

milosz
12-03-09, 20:22
He purchased (or had purchased for him) property and agreed to abide by the decisions of the HOA. Even the stupid ones. His past service irrelevantly clouds the issue.

Me, I'd never live under a HOA in the first place. But getting upset because one person lost a disagreement per rules they chose to live by?

ThirdWatcher
12-03-09, 20:42
He purchased (or had purchased for him) property and agreed to abide by the decisions of the HOA. Even the stupid ones. His past service irrelevantly clouds the issue.

Me, I'd never live under a HOA in the first place. But getting upset because one person lost a disagreement per rules they chose to live by?

In what way does flying an American flag decrease another's property value or disrupt the peace and dignity of any neighborhood? :confused:

Some things oughta be off limits.

milosz
12-03-09, 21:15
I don't know how, or even that it would. But HOA rules aren't designed purely to "protect property value" - they routinely prohibit things that wouldn't necessarily hurt property values.

The fact is, he agreed to the HOA's authority when he moved in, whether they're ruling on flags (actually, standalone flag poles, I guess) or a lawn full of pink flamingos.

That he's a hero and you love the flag don't really alter the situation so much.

Belmont31R
12-03-09, 21:17
HOA's are the devil on Earth.

Spiffums
12-03-09, 21:46
Homeowner Associations are f'n retarded. These people tell you how to put your basketball hoop up, what kind of mailboxes are allowed, what kind of doormats, how you can plant flowers...Ridiculous. I guarantee those HOA people never served a day in their life. I also bet that they were still in diapers if that when the Colonel was fighting overseas.

I have never understood how people can live in places where there is a committee that tells you what you can and can't do on land that you bought and pay taxes on.

11Bravo
12-03-09, 22:26
I guess I could see their point if he had a huge flagpole with one of them Perkins kind of flags that has more square footage than some apartments.

But apparently they didn't have a problem with it until just last July.
I don't know how long he lived there before that, but to just pull the decision out of their collective ass and get pissy about it...?
I had a district manager once tell me that the flag I had sewn on my shirt at work was not an authorized thing and that I needed to take it off.
I told him if he thought he could win whatever fight that resulted in, go ahead.
He never mentioned it again; I only removed the flag when the shirt needed tossed.
I don't live in a HOA, but if they knocked on my door to tell me that, I'd tell 'em to **** off.
I support the colonel fully.
HOOAH!!!

SteyrAUG
12-03-09, 23:05
If you sign away your property rights to a HOA you really don't have them.

And you really shouldn't be surprised when they make unreasonable decisions with the power you gave away.

Ak44
12-03-09, 23:09
I have never understood how people can live in places where there is a committee that tells you what you can and can't do on land that you bought and pay taxes on.

The sacrifices you make to live in a nice neighborhood :(

chadbag
12-03-09, 23:17
He purchased (or had purchased for him) property and agreed to abide by the decisions of the HOA. Even the stupid ones. His past service irrelevantly clouds the issue.

Me, I'd never live under a HOA in the first place. But getting upset because one person lost a disagreement per rules they chose to live by?

"There is no provision in the community's rules expressly forbidding flagpoles, Barfoot's daughter said. But she said the board ruled against her father's fixture and ordered it removed in July, deciding that free-standing flag poles are not aesthetically appropriate. Short flag stands attached to porches dot the community.
"

Seems there is no provision. If it ain't in the bylaws, I fail to see how they can do anything about it, unless there is a provision that the board can make it up as they go along.

Some pro-bono attorney ought to agree to represent him and sue the board. We'll see how they feel when THEY have a chance of having to cover the legal fees and costs.

milosz
12-03-09, 23:45
There's no specific provision regarding that type of flagpole, but that doesn't mean it isn't covered under other portions of the agreement he signed onto by purchasing/moving in.

I'm willing to bet there's no provision expressly stating that I can't paint a mural of a naked porn star across the front of my house - but I guarantee there's language in the HOA agreement that lets them put the kibosh on that.

Look, it's stupid and the HOA look like jackasses. But this isn't an assault on mom and apple pie any more than other HOA rules are. Everyone involved in this joined voluntarily - if you don't want a HOA telling you what to do, don't buy property where one can.

mmike87
12-04-09, 14:24
I understand that property value is important, but will it really decrease property value if my basketball hoop is on the other side of the driveway which is deemed wrong by the HOA? Or the fact that my Mailbox is a different model than the ones prescribed as acceptable by the HOA? I agree that no one makes you live in a certain community, but if you pay a Mortgage and pay taxes on the home, shouldn't you have a little freedom to make it the way you want it?

I am the President of my HOA - 290 homes. We don't pick on these sorts of things. But the basketball hoop blocking the sidewalk is a no-no and that DOES make the neighborhood look like crap and decrease property values. People don't want to walk around people's crap that they leave all over the place.

On another note, a flag pole is fine in my community. At least for the next three years that I am on the Board. :)

What's interesting in this case is their covenants do not prohibit the flag pole, they are exercising their discreation to make him remove it. And they will likely win if it goes to court.

If their convenants DID expressly prohibit flagpoles, their hands would be tied in many respects. However, that apparently is not the case here.

mmike87
12-04-09, 14:26
There's no specific provision regarding that type of flagpole, but that doesn't mean it isn't covered under other portions of the agreement he signed onto by purchasing/moving in.

I'm willing to bet there's no provision expressly stating that I can't paint a mural of a naked porn star across the front of my house - but I guarantee there's language in the HOA agreement that lets them put the kibosh on that.

Look, it's stupid and the HOA look like jackasses. But this isn't an assault on mom and apple pie any more than other HOA rules are. Everyone involved in this joined voluntarily - if you don't want a HOA telling you what to do, don't buy property where one can.

Our covenants prohibit anything that "detracts from the beauty" of the neighborhood. It's up to the Board (me and two others) to make judegment on what that means. If your Board is made up of ass-hats then you get someone telling you to take your flag down, and unfortunately don't have any real legal standing to resist their request. Especially, since they said he CAN flag a US flag, just not on the pole.

It's silly. I think free-standing flagpoles look cool, and I think if 110% cool that he goes out and raises / lowers it every day. I personally want to live next door to this guy. Sounds like a good neighbor.

Elvis269
12-04-09, 15:17
This gentleman should be assigned a Pfc to hoist and lower his flag everyday while defending it with a M4...

RPD03
12-04-09, 16:28
It's silly. I think free-standing flagpoles look cool, and I think if 110% cool that he goes out and raises / lowers it every day. I personally want to live next door to this guy. Sounds like a good neighbor.

Agreed, I wish I had a neighbor with half the honor of the Colonel.

KruciallMC
12-09-09, 19:03
Quick update, he won!

http://www2.timesdispatch.com/rtd/news/local/article/FLAG09GAT_20091208-192802/310291/

RogerinTPA
12-09-09, 20:15
Outstanding news!

Home owner associations and condo boards "can be" self serving, non normal thinking commie pig ****ers.

HK51Fan
12-09-09, 20:56
HOAs suck.....................

HD1911
12-09-09, 22:22
HOAs suck.....................

+1...**** those commie bastards

CarlosDJackal
12-10-09, 08:08
Outstanding news!

Home owner associations and condo boards "can be" self serving, non normal thinking commie pig ****ers.

Just like any bureaucracy that may have been set up for good; it can be used for bad.

Good on them for letting this living National Treasure continue to fly his colors.

boondocksaint
12-10-09, 17:37
HOAs are much like communism....it sounds good in theory. But, the reality of both suck!

Semper Fi