Florida HOA sues disabled veteran over American flag pole in his yard
A disabled veteran in Volusia County, Florida, is at the center of a heated dispute with his homeowners association (HOA) over a flagpole installed in his yard.
According to Fox News affiliate WOFL-TV, the Countryside Villas PUD3 HOA has filed a lawsuit against the unnamed veteran, claiming he failed to obtain the required approval before erecting the permanent structure.
Despite the legal friction, community support for the veteran has surged, with neighbors speaking out against what they see as harassment and unnecessary litigation.
“Leave the veteran alone. He hasn’t done anything wrong,” Frank Johnson, a veteran himself, told the outlet. “He’s called me crying that they’re harassing him and bullying him. He’s served this country. He’s paid his dues. They wanted to get him on a flagpole and some weeds in the lawn. It’s pathetic. It’s really pathetic.”
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Disabled veteran fights homeowners association lawsuit over flagpole in Florida yard. (WOFL-TV)
The HOA maintains that its actions are grounded in procedural compliance.
In a letter sent to the veteran, the association emphasized that it was not denying his right to fly the American flag, but rather enforcing a policy requiring prior approval for permanent flagpoles. The letter noted that the veteran’s military service does not exempt him from these rules.
The situation only escalated when the veteran refused to remove the flagpole, accruing $1,000 in fines. The HOA responded by initiating a lawsuit for $8,000 and threatening to place a lien on his property.
Orlando Law Managing Partner Jennifer Englert told WOFL-TV that this action may not be legally defensible. Englert explained that Florida statute says as long as the flagpole is under 20 feet, a homeowner can have a flagpole on their property, even if the HOA has rules against it.
“Why are you fighting about something that you know you have to allow? That is very clear,” she said.
The HOA sent the homeowner a letter saying, “Permanent flag poles require approval prior to construction.” They sent him warning letters, notices of fines and of increased fines, a hearing notice, and eventually served him with a lawsuit because he didn’t pay the $1,000 fines they levied against him. (WOFL-TV)
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Concerned neighbors and a caregiver have come forward to condemn the HOA’s tactics, describing them as bullying and deeply disrespectful to someone who served the country.
Margaret Murphy, a resident who attended HOA meetings, took the issue to State Sen. Tom Wright, expressing in a letter that her own father’s legacy as a Pearl Harbor survivor compelled her to act.
“My father was a survivor in Pearl Harbor. He would be rolling over in his grave if I didn’t say something,” she told the outlet.
“The resident was told via multiple correspondences that he absolutely can have them. The situation boils down to that he failed to submit an ARC application which is required for flagpoles by the HOA. That rule has been in place since 1990,” the HOA board said. (WOFL-TV)
In a statement to WOFL-TV, The Countryside PUD Unit III-B HOA, Inc. Board of Directors said that they never told the veteran homeowner that the “flagpole/flag was prohibited.”
“Factually, this has never been about a flag or a flagpole. The resident was told via multiple correspondences that he absolutely can have them. The situation boils down to that he failed to submit an ARC application, which is required for flagpoles by the HOA. That rule has been in place since 1990,” they said.
“The resident was given multiple opportunities to remedy the situation including assistance from the American Legion and the Elks. He also was given an opportunity at a hearing that he never showed up for. Florida Statute makes it clear that an HOA resident also needs to follow the governing documents which he has failed to do. This situation is no different than any other architectural guidelines in our docs. As a result, a fine was imposed, and he failed to pay the fine.”
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A pre-trial hearing is scheduled for September.
Fox News Digital has reached out to The Countryside PUD Unit III-B HOA, Inc. Board of Directors for comment.