A disabled veteran in Volusia County, Florida, is facing a legal battle with his homeowners association (HOA) over a flagpole he installed in his yard. The Countryside Villas PUD3 HOA has sued the veteran, claiming he did not get the necessary approval before putting up the flagpole, which they say is a permanent structure.
The situation has drawn significant attention from the community, with many neighbors rallying behind the veteran. They view the HOA’s actions as harassment and unnecessary litigation. Frank Johnson, a fellow veteran, expressed his outrage, stating, "Leave the veteran alone. He hasn’t done anything wrong. It’s pathetic."
According to a report from WOFL-TV, the HOA insists that its actions are based on procedural compliance. They have emphasized that they are not denying the veteran’s right to fly the American flag but are enforcing a policy that requires prior approval for permanent flagpoles. The HOA maintains that the veteran’s military service does not exempt him from these rules.
The conflict escalated when the veteran refused to take down the flagpole, resulting in $1,000 in fines. The HOA then initiated a lawsuit seeking $8,000 and threatened to place a lien on his property. Jennifer Englert, a managing partner at Orlando Law, noted that Florida law allows homeowners to have flagpoles under 20 feet tall, regardless of HOA rules.
Englert questioned the HOA’s decision, saying, "Why are you fighting about something that you know you have to allow? That is very clear." The HOA has stated that the veteran was informed multiple times about the requirement to submit an application for the flagpole, which has been a rule since 1990.
Community members have voiced their disapproval of the HOA’s tactics. Margaret Murphy, a resident and caregiver, shared her concerns, stating that her father’s legacy as a Pearl Harbor survivor compelled her to speak out. She said, "He would be rolling over in his grave if I didn’t say something."
The HOA board has responded, claiming they never told the veteran that he could not have a flagpole. They argue that the issue stems from his failure to follow the proper application process. They also mentioned that he was given several opportunities to resolve the situation, including assistance from local organizations.
A pre-trial hearing is scheduled for September, as the community continues to support the veteran in this ongoing dispute.