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Congratulations on your effort to enact a U.S. Flag display bill in your state. It's a worthwhile effort but IT, like all other bills passed by other legislative bodies in our nation, (including Florida) does NOT address the real problem encountered by residents willing to display OLD GLORY! The language of the TN bill is the same as that which the CIA, a trade organization from VA, along with their Legislative Action Committee's (LAC's) in our nation, are promoting. The TN bill does not provide the freedom to display the U.S. Flag in the front, side or rear yard of individually owned property from a free-standing, portable or telescoping flagpole. It simply references U.S. Code which merely provides guidelines for a respectful display. My suspicion is; if Sb0987/Hb0997 is enacted as written, the first person to erect a flagpole as described above to display the U.S. Flag will be cited by their respective HOA to take it down. Then, the TN bill will require interpretation in a court of law because your legislative body avoided the real problems experienced by patriotic Americans across our nation. From a personal perspective and in good conscience I cannot support these bills. Others in our organization might be willing to do so but I must stand on principles previously established by our organization as the basis for meaningful reform of this issue. Regardless, I remain in admiration of your
personal effort and will share a copy of the TN bill with anyone asking
for same.
one of the most unbelievable stories is
developing in Virginia. A decorated Vietnam Veteran and his wife might
be going to jail on March 1, 2003, while our country is preparing for war
to fight for freedom and peace in this world. A developer of a homeowners
association considers flying "Old Glory" from a flag pole a "visual nuisance".
And - believe it or not - a judge in our country agreed with it! This is
not a story from Iraq, China or the former USSR, NO - this tragic story
enfolds in our beloved country - the USA!
Please help this Marine Veteran who did
nothing wrong but flying "Old Glory" from a flag pole in a homeowners'
association!
Warm regards
Dear Mr. Libby, Read your story about the U.S. Flag dispute in Henderson and was not surprised that the city council sided with the homeowners association in depriving residents the right to display "OLD GLORY" from a free-standing, telescoping, portable or removable flagpole in the front, side or rear yard of the owners property. *** SEE BELOW *** HOA boards, upon advice of industry partisans and attorneys aligned with same, have skewered these disputes by stipulating the U.S. Flag must be portable or removable and must be displayed from the front of the home or garage. In addition, something is terribly wrong in our country when local and 'quasi-governments' are permitted to deprive an owner of property the right to display an illuminated U.S. Flag at night. Directors of HOA's have the argument down pat! '...We do not deprive an owner from displaying the U.S. Flag... but it has to be displayed our way or no way...' That is the gist of it, Jeffrey! Do you know, Federal U.S. Code permits the U.S. Flag display at night as long as the flag is illuminated? This type of illumination does not reflect upon the homes of neighbors, therefore, it does not interfere with their privacy. Unfortunately, neither state or federal laws stipulate free-standing flagpoles as a respectful way to display the symbol of our country and, to date, our Commander in Chief has not stepped forward to resolve these ongoing disputes by proclamation. Incidentally, it IS patriotic to serve in our military and it IS patriotic to honor those that serve and have served by displaying the U.S. Flag in any respectful manner chosen by the Citizens of our country not the governing bodies aluded to in your story. The Henderson city council got it wrong!
If you're interested in learning more about "The Battle Over Old Glory" between HOA's and residents in our country, check this out: Sincerely,
Council preserves residents' right to fly American flag By Jeffrey Libby
Vietnam veteran Robaire Orfaly has the
right to fly an American flag at his rented home just as he always has
-- with some restrictions.
"The ordinance says quite simply, that you can fly a flag on your property -- an American flag -- within reason," Councilman Jack Clark said, later adding that "Every time I say the Pledge of Allegiance, I get goosebumps." Homeowners associations still have the final say on reasonable placement and safety standards for the flag, on height, on the maximum number of allowed flags and on requirements that flags be portable and removable. http://www.lasvegassun.com/sunbin/stories/lv-gov/2003/jan/22/514553429.html
Sir, we believe; our Commander in Chief has the power to resolve these ongoing FLAGPOLE disputes retroactively by proclamation to amend our U.S. Code pursuant to Section 178 of Title 36 Chapter 10 U.S. Code. Sec. 178. Modification of rules and customs by President Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. Please consider the inclusion of the following in your proclamation; This proclamation is retroactively applicable to all ongoing disputes between homeowners associations and residents in common interest developments. No resident in a common interest development will be prevented from displaying the U.S. Flag from a free-standing, portable, removable or telescoping flagpole in excess of (40') forty feet in the front, side or rear yard of their property nor from a pole longer than (7') seven feet inserted in a bracket attached to a CONDO unit. Thank you for your consideration in this matter. We look forward to your reply and the implementation of the proclamation. Sincerely, Bob
Hate to say, "We told you so!" From the outset, we concluded the proposed U.S. Flag bills wouldn't resolve this issue as long as the legislature and Governor Jeb didn't include provisions directly related to the ability of a resident to erect a flagpole in the front, side or rear yard of their property to display the U.S. Flag. Likewise, a bracket on a CONDO unit for the same purpose. Courageous Veterans like George Andres and homeowners in general will lose the battle with HOA's over the display of the U.S. Flag as long as the laws in our country do not insist upon changes in deed restrictions preventing the erection of a flagpole or bracket as described above.
*** SEE JUPITER FLAG MAN ***
No doubt, this was another 'elec (tion) trically charged' issue that would have had a direct effect upon the status-quo enjoyed by the power and influence of the stakeholders and industry partisans in control of government in Tallahassee if it included provisions we encouraged. Therefore, it was obvious that this 'third rail' would not be stepped upon during the 2002 Legislative session. Despite all the rhetoric, during and after the session, and the recently created Destination Florida Commission by Governor Jeb Bush to enctice retirees and seniors to relocate we do not have government, '...of, by and for the people...' in the 'Sunshine State!' The flagpole dispute is merely the 'tip of the iceberg.' Our friend, attorney Barry Silver, has been fighting an uphill battle for balance the scales of JUSTICE! The Citizens of our state appreciate his efforts. God Bless him for this effort. We fought very hard for meaningful language in the U.S. Flag bills to protect homeowners rights in deed restricted communities. Our best effort resulted in the retroactivity clause but we suspected it wasn't enough to resolve this issue. To date, our expectations have proven that the enacted bill isn't worth the paper it's printed upon. It's important to remember; Governor Bush did say he'd sign a flag bill, visited George and Anna at their home in Jupiter, contributed to his defense fund, gave him a U.S. Flag tie, etc... but, as far as we know, Jeb never told his Legislative leaders to insist upon the inclusion of the right to erect a pole or install a bracket in any bill they intended to send to his desk. The consensus is; both branches of government simply took time to wrap the U.S. Flag around themselves during trying times in our nation and an election year. There seems to have been an intent to resolve this issue by the Judicial branch of government. Would you care to guess if the Florida Supreme Court will decide to hear the case or how they might rule? Our proposed proclamation, implemented by our Commander-in-Chief, would surely resolve this problem. *** SEE PROCLAMATION BELOW *** Sadly, we haven't received a response from our President nor has our Governor expressed an opinion or indication he has encourage his brother to issue the proclamation. Nevertheless, we'll continue to seek an appropriate amendment to current law during the 2003 Florida Legislative session and ask, once again, our Commander-in-Chief to consider our request for the proclamation. Sincerely,
Dear President George W. Bush, Sir; With all due respect, displaying OLD GLORY in a respectful manner from a FLAGPOLE in a deed restriced community or BRACKET attached to a CONDO unit is being thwarted on a daily basis by directors/officers of mandatory homeowners associations with the advice and counsel of their industry partisan attorneys. Our Web site has documented several ongoing disputes in America, despite the dastardly deeds of 911, depriving homeowners their freedom of expression guaranteed by the U.S. Constitution. Once again, a U.S. Flag dispute in the 'Sunshine State' is centered around the use of a FLAGPOLE for the display. Jupiter Flag man' sees another legal setback Sir, we believe; as our Commander in Chief, you have the power to resolve these ongoing FLAGPOLE disputes, retroactively, by your proclamation to amend U.S. Code pursuant to Section 178 of Title 36 Chapter 10 U.S. Code. Sec. 178. Modification
of rules and customs by President
Please consider the inclusion of the following in your proclamation; This proclamation is retroactively applicable to all ongoing disputes between homeowners associations and residents in common interest developments. No resident in a common interest development will be prevented from displaying the U.S. Flag from a free-standing, portable, removable or telescoping flagpole in excess of (40') forty feet in the front, side or rear yard of their property nor from a pole longer than (7') seven feet inserted in a bracket attached to a CONDO unit. Thank you for your consideration in this matter. We look forward to your reply and the implementation of the proclamation. Sincerely, Bob,
As long as HOA's continue to deprive a resident the right to display the U.S. Flag on a flagpole or a pole inserted in a bracket on a CONDO unit we have no choice but to continue to appeal to our Commander in Chief to resolve these disputes by proclamation because current state laws are ambiguous. Obviously, we need your support! ***Open Letter to President George W. Bush *** Dear President George W. Bush, Sir; With all due respect, displaying OLD GLORY in a respectful manner from a FLAGPOLE in a deed restriced community or BRACKET attached to a CONDO unit is being thwarted on a daily basis by directors/officers of mandatory homeowners associations with the advice and counsel of their industry partisan attorneys. Incidentally, we agree: the new law passed by the Florida Legislature in 2002 and enacted by Governor Jeb Bush is ambiguous re '...respectful display of a portable U.S. Flag...' As you read the latest fiasco it's obvious, the new law provides the impetus for clever attorneys to find the 'loophole' in the law which we believe does exist. We indicated this law would have to be interpreted by a judge because our Legislature was unable to deal with one simple word; FLAGPOLE! The following is a continuation of several ongoing disputes in America, despite the dastardly deeds of 911, depriving homeowners their freedom of expression guaranteed by the U.S. Constitution. Once again, a U.S. Flag dispute is centered around the use of a FLAGPOLE for the display. Please read : Dozens protest at VillageWalk over homeowners' ruling on flag Sir, we believe; our Commander in Chief has the power to resolve these ongoing FLAGPOLE disputes retroactively by proclamation to amend our U.S. Code pursuant to Section 178 of Title 36 Chapter 10 U.S. Code. Sec. 178. Modification of rules and customs
by President
Please consider the inclusion of the following in your proclamation; This proclamation is retroactively applicable to all ongoing disputes between homeowners associations and residents in common interest developments. No resident in a common interest development will be prevented from displaying the U.S. Flag from a free-standing, portable, removable or telescoping flagpole in excess of (40') forty feet in the front, side or rear yard of their property nor from a pole longer than (7') seven feet inserted in a bracket attached to a CONDO unit. Thank you for your consideration in this matter. We look forward to your reply and the implementation of the proclamation. Sincerely, Bob
This is another open letter to our Commander in Chief. Your support is requested. Dear President George W. Bush, Sir; With all due respect, displaying OLD GLORY in a respectful manner from a FLAGPOLE in a deed restricted community or BRACKET attached to a CONDO unit is being thwarted on a daily basis by directors/officers of mandatory homeowners associations with the advice and counsel of their industry partisan attorneys. The following is part of several ongoing disputes in America, despite the dastardly deeds of 9/11, depriving homeowners their freedom of expression guaranteed by the U.S. Constitution. Once again, a U.S. Flag dispute is centered around the use of a FLAGPOLE for the display. SEE : Veterans to protest homeowners' association's flagpole ban Sir, we believe you have the ability to recognize and resolve these ongoing FLAGPOLE disputes retroactively by proclamation. We recognize; our Commander in Chief has the power to resolve these ongoing FLAGPOLE disputes retroactively by proclamation to amend our U.S. Code pursuant to Section 178 of Title 36 Chapter 10 U.S. Code. Sec. 178. Modification
of rules and customs by President
Please consider the inclusion of the following in your proclamation; This proclamation is retroactively applicable to all ongoing disputes between homeowners associations and residents in common interest developments. No resident in a common interest development will be prevented from displaying the U.S. Flag from a free-standing, portable, removable or telescoping flagpole in excess of (40') forty feet in the front, side or rear yard of their property nor from a pole longer than (7') seven feet inserted in a bracket attached to a CONDO unit. Thank you for your consideration in this matter. We look forward to your reply and the implementation of the proclamation. Sincerely, Robert E. Janauskas
Jupiter Veteran faces HOA foreclosure despite support from Governor Jeb Bush. Will the new law enacted by the Governor win Andres his day in court and save him from eviction? That is a HUGE question that the court not the Legislature or Governor will have to decide. The HOA attorney implies the new law doesn't
resolve the problem of a FLAGPOLE installed in front of the Andres home
so the pursuit of 'justice' continues with the threat of eviction looming
over the head's of George and Ann Andres.
Despite the enactment of a bill which prevents HOA's from depriving the display of OLD GLORY, George Andres' HOA has filed foreclosure proceedings. You'll recall; we attempted to convince the Florida Legislature and Governor Jeb Bush to include provisions in an enacted bill that would permit homeowners to erect a; portable, removable or telescoping FLAGPOLE in the front, side or rear yard of their property and permit a BRACKET on a CONDO unit for a pole to display the U.S. FLAG. Unfortunately, no member of the Legislature or our Governor heard or pleas for sanity. Contrary to the Jupiter Courier the enacted bill does not permit a "portable" FLAGPOLE but it does permit a 'portable' FLAG! We predicted; the signature of Governor Jeb Bush would not resolve this issue and it hasn't! Read the Bill..a portable Flag is not a portable Flagpole..Big Diff! So, the battle continues. The best to you and yours,
*************************** SEE BELOW *********************
May 15, 2002 JUPITER · Even though the homeowners association that has battled Jupiter resident George Andres for 18 months over his flag and flagpole has filed foreclosure proceedings against the former Marine, Andres' attorney said a new state law should help protect him. Andres' attorney, Barry Silver, called the Indian Creek Phase III-B association unreasonable and mean-spirited" for its effort to collect more than $30,000 in fines. Click here to READ THE FULL STORY! Click here to READ THE ENACTED BILL!
This is an open letter to our Commander in Chief. Your support is requested. Dear President George W. Bush, Sir; With all due respect, the matter of displaying OLD GLORY in a respectful manner from a FLAGPOLE or BRACKET attached to a CONDO unit in the United States of America is being thwarted on a daily basis by directors of mandatory homeowners associations in our nation based on advice from stakeholders and industry partisans. The following is only one of many ongoing disputes in America, despite the dastardly deeds of 9/11, depriving homeowners rights of their constitutional freedom of expression. Sir, we believe you have the ability to recognize and resolve these ongoing FLAGPOLE disputes retroactively, by proclamation. Kindly review and/or request your staff to review the following; Latest HOA flag flap unfolds in Southern California READ THE FULL STORY HERE! Once again, a U.S. Flag dispute is centered around the use of a FLAGPOLE for the display. As with the recently enacted flag bill
in the 'Sunshine State' the proposal by a Senator in CA contains language
which does not resolve the manner of the display. Instead it preserves
the status-quo enjoyed by the stakeholders and industry partisans.
The three branches of state government's simply haven't gotten the message! READ THE STORY HERE! http://www.ccfj.net/flyoldgloryCAbill.htm The only practical way to lift this 'patriotic smoke screen' and remedy FLAGPOLE disputes is at the Federal level. We believe, the time has come to do so. It seems; our Commander in Chief has the power to amend U.S. Code by proclamation, pursuant to Section 178 of Title 36 Chapter 10 U.S. Code. Therefore, a FLAGPOLE and BRACKET on a CONDO unit can be specified as a respectful civil right to display OLD GLORY in Common Interest Development's in America. Sec. 178. Modification of rules and customs
by President
Therefore, Mr. President, we're requesting your consideration of this matter and thank you for taking time from your busy schedule to do so and look forward to your reply. Sincerely,
The following message was left on our HOA committee Bulletin Board.
----Original Message-----
On July 4th, 2001, I erected a 20 foot flag pole in my front yard in Longwood, Florida. ( a deed restricted community with a homeowners association) It is a brushed aluminum pole, with a brass ball on top. (meets all code requirments) It is set in a PVC sleeve, which is set in concret, 2 feet deep. The 20 foot pole reaches 18 feet above ground. I can remove a pin, and bring the pole in the garage (it breaks apart into 4 five foot segments) My association has denied me permission to fly my flag from this pole, and the last correspondence was a legal threat, with financial penalties. I could not afford the fight, and had to
take it down. FOR NOW! This isn't over yet!
Hello Jeff, You're not the first resident to erect a flagpole and, probably, won't be the last if the current U.S. Flag bills are enacted by Governor Jeb Bush. (The Jupiter Veteran is engaged in a battle over the display of Old Glory with his HOA, fines have been piling up and he's still in court for similar reasons) In the meantime we have been working very hard to try to convince Legislators moving U.S. Flag bills during the current Florida session to include language for this purpose; '...provide homeowners residing in a deed restricted community the right to install a portable, removable or telescoping flagpole, not to exceed 20' twenty feet; in the front, side or rear yard of their property to display the U.S. Flag and permit CONDO owners to install a bracket on their unit to utlize a flagpole for the same purpose...' To date, our efforts have not been successful. Apparently, the stakeholders and industry partisans are exercising their power and influence in Tallahassee to prevent the installation of a flagpole and bracket, as requested? Since the House chamber hasn't not voted on Hb 177, yet, we'd suggest you contact your state Representative's directly and ask them to consider amending the bill on the floor of the House, to include language similar to the above. Your help in this matter is greatly appreciated. Let us know what they have to say and, especially, what they do in order to comply with your request. The best to you and yours,
Despite our efforts to convince members of the Legislature to include the right to erect a portable, removable or telescoping FLAGPOLE in the front, rear or side yard of property in a deed restricted community to display the U.S. Flag and the right of a resident of a CONDO to install a bracket on their unit for a flagpole for a similar display both Florida bills passed on the floor of the Senate. It's doubtful the House will amend these bills during floor debate. Maybe the lawyers in Tallahassee got it right and we've been on the wrong side of this issue? Contact your Representatives and let them know what you're thinking before they cast their vote on the floor of the House. Thank you. Incidentally, the bills passed do not stipulate a flagpole as a 'respectful' way to display the U.S. Flag which is the crux of the legal disputes between HOA's and residents in Florida and elsewhere. Likewise, Federal U.S. Code does not provide for the use of a flagpole in a deed restricted community as a 'respectful' display of Old Glory! It's conceivable; a judge will have to decide what is and is not 'respectful' when a resident requests permission from the Architectural Review Board of the HOA to erect a FLAGPOLE as indicated above if these bills are enacted as written. Time will tell! READ THE STORY HERE! Please click on Headline!
Just when you thought residents in deed restricted communities in Florida were the only Citizens prevented from erecting a (20') twenty foot Flagpole in the front, side or rear yard of their property to display the U.S. Flag, guess again! *** SEE BELOW *** Incidentally, none of the U.S. Flag bills discussed during the current session in Florida have reached the floor of either the House and Senate for a final vote of members. This provides an opportunity to express your views, before final action occurs, to the primary sponsors of these bills, Senator's Geller and Cowin, et.al., and provide the right to homeowner's to erect a flagpole as aluded to and permit CONDO owners the right to install a bracket on their unit to display the U.S. Flag. The best to you and yours,
Fieldstone Farms board to review ban on flagpole By JIM EAST
FRANKLIN - An American flag on a 20-foot-tall
pole has flown in the
Tonight, Beckett will learn whether it can stay or must go. The Fieldstone Farms Homeowners Association
architectural control
READ THE FULL STORY! - CLICK HERE !
The following is courtesy of the Daily Commercial staff writer Jacob Ogles to whom this dispatch is being sent. *** SEE BELOW *** Contrary to assertions made in the article and the reference to the inability of homeowners to place the U.S. Flag in the front yard, Senator Cowin filed this bill because her constituents were forced to remove the U.S. Flag from their golf carts. Although Veteran's complained they met the imposed deadline for removal. However, the story about the Stonecrest Flagpole Flap, dated 9/8/01 isn't included in Mr. Ogles story because the subdivision isn't in Lake county. That story is available under the dispatch and news item tab from our Web site home page. It's interesting that Senator Cowin would say; “...You should certainly be allowed to display one (U.S. Flag) in your front yard.” and; “People put them (U.S. Flags) in their yards and home-owners associations said they couldn’t do that..." Meanwhile, Senator's Cowin and Geller (U.S. Flag Bill 148) have been reluctant to amend their bill to include; the right of a resident to erect a portable, removable or telescoping twenty foot (20') FLAGPOLE in the front, side or rear yard of their home in a deed restricted community to display the U.S. Flag and provide a similar right to CONDO unit owners to install a BRACKET on their unit for the same reason. Sincerely,
Particular attention requested of members of the Florida Legislature that have bills filed re display of the U.S. Flag in deed restricted communties and committee members scheduled to review same As we've indicated in previous dispatches, disputes about displaying the U.S. Flag are about FLAGPOLES and BRACKETS. A bill enacted that does not permit homeowners in deed restricted communities to display the U.S. Flag on a free-standing, portable, removable or telescoping FLAGPOLE in the front, side or rear yard of their home or a on a pole inserted in a BRACKET attached to a CONDO unit isn't going to fix the problem in Florida! * SEE BELOW * The best to you and yours,
*************************** SEE BELOW *******************
For excerpts and the full story of the subject matter by staff writer Julie Hauserman and Caryn Baird courtesy of the St. Pete Times. Unfortunately, Julie didn't include the following comment provided to her which should have read, in part; "None of the bills deal with the real cause of the lawsuits filed by HOA's against residents which is the failure to provide the right of a homeowner to erect a portable, removable or telescoping FLAGPOLE in the front, side or rear yard of their property or the installation of a bracket on a CONDO by the unit owner." BTW, Sen. Cowin's bill has been assigned
to the Judiciary committee for it's next hearing.
After reading the staff analysis from the
Criminal Justice committee you might be ready
PLEASE CLICK HERE for Members of Senate Committee on Judiciary Contact your district member serving on this committee. Give them a call, write short letter, send a postcard, send an e-mail. Whichever you prefer. Postcards can contain enough information to voice an opinion, are inexpensive and read by staffers and passed along to the Legislator. If none of your delegates serve on this committee, contact the Chairman and Vice Chairman to express your views on this matter. Just do it! Your comments and suggestions are appreciated. But...don't get side-tracked by these U.S. Flag bills! This was a very busy week for committee hearings in Tallahassee. Lots of 'stuff' moved out of one committee into another for additional hearings, bills were withdrawn or temporary postponed and bills were passed to awaiting debate on the floor of the Senate and House during the regular session. The best to you and yours, Bob, Ocala, FL - Public Relations - CCFJ, Inc. http://www.ccfj.net/ ******************** SEE BELOW ******************* By JULIE HAUSERMAN, Times Staff Writer
-------------------------------------------------------------------------------- TALLAHASSEE -- Fly the flag. That's what mourning Americans were told after the Sept. 11 attacks. But in some Florida communities, that simple patriotic act proved controversial. Flying the flag, it turns out, can be against the rules. Tussles have broken out in some of Florida's planned developments and condominium complexes, where even the tiniest detail is scrutinized to make sure everyone's property conforms. Some residents were told they couldn't fly a flag on a free-standing pole -- it had to be attached to the house by brackets. Others were told the opposite. One Florida activist group, Cyber Citizens for Justice, has taken up the cause of homeowners who are restricted in how they can display their flags. - Times researcher Caryn Baird contributed
to this report.
This is the amended version, a committee substitute, of Senator Anna Cowin's U.S. Flag bill approved unanimously by the House Criminal Justice Committee. Your comments and suggestions are appreciated. Thank you. * SEE BELOW * The best to you and yours,
We repeat our appeal to primary sponsors of U.S. Flag bills; Senator Steven Geller, Representative Eleanor Sobel, Senator Anna Cowin, Representative Dennis Baxley, all members of our Legislature, Governor Jeb Bush, et al.: In light of the most recent opinion re display of the U.S. Flag in Florida published in the Sun-Sentinel; Senator Cowin is the focus this week because her bill to create a misdemeanor penalty for removal of the U.S. Flag, a modest proposal to appease her constituents in the Stonecrest subdivision that were told by management to remove the U.S. Flag from their golf carts, is scheduled for committee discussion on the 9th of January. Veterans complained but removed the flags anyway by the deadline established by management. You can read the Stonecrest story at our Web site. Representative Dennis Baxley has followed the Senator's lead and filed the identical companion bill. No provisions is these bills permit a free-standing flagpole to display the U.S. Flag in the front, side or rear yard of resident's property nor a bracket attached to a unit owned by a CONDO resident. To date, these Legislators just can't seem to get this one right. We are still hoping they'll see the 'Sunshine.' Here's why? In addition to the lack of appropriate language in the Geller bill the Cowin/Baxley and Sobel bills can and should be amended in committee hearings rather than waiting for this to happen on the floor of the HOUSE and SENATE during the session which covenes on January 22, 2002. It's important to remember; The Staff Analysis of CS/SB 148: (Sen. Geller's bill, ergo, Rep. Sobel) Relating to HOA's/U.S. Flag, indicates, as we've concluded; the primary reason for enacting meaningful reform is precipitated by HOA lawsuits against residents of deed restricted communities for erecting a FLAGPOLE or bracket (in the case of a CONDO unit owner) to display the U.S. Flag. We don't understand why current bills don't recognize; owners must be permitted to install a portable, removable or telescoping FLAGPOLE, a maximum height which could be twenty (20') feet, in the front, side or rear yard of their property. Likewise, CONDO unit owners must be permitted to install a bracket to the front of their unit to display the U.S. Flag. The issue of frivolous lawsuits is not about a '...portable, removable U.S. Flag...' because flags are; portable and removable. The flagpole is the heart and soul of this issue. In addition, U.S. Code Title 36 Chapter 10 provides the parameters for respectful display of the U.S. Flag and does not include the perogative for display using a pole or bracket. This may change as we continue to advocate for an amendment to the code at the Federal level? In the meantime, the state of Florida can set the trend in the nation to protect the rights of residents of deed restricted communities by including the provisions requested in any bill enacted during the 2002 Legislative session. We want to share the latest opinion from
a resident in Boca Raton. You can read the story below - courtesy of the
Sun-Sentinel.
*** SEE BELOW *** Thank you for your consideration. Your
comments, suggestions and advocacy for meaningful reform is appreciated.
We look forward to your reply.
Wayne T. Moses
I moved into a lovely home. The homeowners association does a beautiful job in keeping the properties looking nice. However, I do feel that these "condo bandits" are way out of line when they dictate to another property owner what he or she can and cannot do. My example is that every home I ever owned I proudly flew the American flag on a 25-foot pole with a lovely eagle sitting on the very top of the pole. I was told a definite no -- that cannot be done here. I wonder if they ever stop to think of the awful tragedy that happened in New York City. They should be willing to fly the flag as high and free as possible. They do tell the owners that they can fly the flag from their garage where it would be abused by the constant contact with the structure and other foliage beneath that flag. I refuse to treat the American flag in this manner. The American flag should be flown high above the houses, proudly waving and welcoming everyone who comes into the neighborhood where it can be seen and as a constant reminder that we stand united in every way. Whoever gave "condo bandits" that kind of power to constantly dictate to those who keep their property beautiful in every way (and I do)? I do not feel that the American flag would be clutter in any way, but a plus in a community. I am proud to be an American and proud
to have the American flag flying proudly and freely above my home for everyone
to look up to.
Dear Senator Steven Geller, Representative Eleanor Sobel, et al., The Staff Analysis of CS/SB 148: Relating to HOA's/U.S. Flag, indicates, as we've concluded; the primary reason for enacting meaningful reform is precipitated by HOA lawsuits against residents of deed restricted communities for erecting a FLAGPOLE or bracket (in the case of a CONDO unit owner) to display the U.S. Flag. We don't understand why current bills don't recognize; owners must be permitted to install a portable, removable or telescoping FLAGPOLE, a maximum height which could be twenty (20') feet, in the front, side or rear yard of their property. Likewise, CONDO unit owners must be permitted to install a bracket to the front of their unit to display the U.S. Flag. The issue of frivolous lawsuits is not about a '...portable, removable U.S. Flag...' because flags are; portable and removable. The flagpole is the heart and soul of this issue. In addition, U.S. Code Title 36 Chapter 10 provides the parameters for respectful display of the U.S. Flag and does not include the perogative for display using a pole or bracket. This may change as we continue to advocate for an amendment to the code at the Federal level? In the meantime, the state of Florida can set the trend in the nation to protect the rights of residents of deed restricted communities by including the provisions requested in any bill enacted during the 2002 Legislative session. In that vain, here's what others have to say about this issue. * SEE BELOW * Thank you for your consideration. We look
forward to your reply.
The good news is that some judge will have to figure out what this bill changes from existing law. Maybe the deletion of the language relating to size, placement, etc. will help and if (the) Senate analysis can be used as evidence, the mention of the Andres case might help. It could be better. It could be much better. If people are fighting over flagpoles mention flagpoles and brackets and end the issue. I did like the Constitutional analysis as representing a fair reading of case law. At least they didn't simply conclude it was unconstitutional ....and once enacted, there is a presumption that the legislature only enacts Constitutional laws. It doesn't mean they are always upheld
as Constitutional but one gets a home court advantage once the law is passed.
Below is a sample bill on flying Old Glory, in mandated communities. (deleted for brevity in this dispatch) Mr Bush, a portable pole is worse than no pole at all! I am not familar with the state politician who is sponsoring this bill, but I did vote for you! Please help. George Andres, in Jupiter Beach, is in court and may lose his house because of private government. What is so wrong with a Flag pole in Florida's good earth? I mean, (picture this) some plants around it and maybe some ground landscape lighting (to display the) symbol of America. I guess we can not have American symbols in HOA's. Please help! Craig **********************************************************************
Dear Bob: When Uncle Sam asks its citizens to give up their family, career and safety to be shot at or diseased for their fellow country men, everyone shouts about the glory of the flag. Why has the flag pole that flies it become so unwanted by those who are safe because others like my family and yours were willing to give their life. My husband was buried early in March (at an) AFB Cemetery because of an illness contracted in the South Pacific untreated after World Wat Two... My dearest brother-in-law lies buried in Arlington National Cemetery after 25 years of horror stories on the high seas in the Coast Guard and my sweetest Uncle was blown apart on D Day after he saved several shipmates in the Seabees with a total of 20 more who gave all. I fly every flag from the Union Jack, Don't Tread on Me to Betsy Ross and I dare anyone get between me and my flag collection with all the scars and memories of the price we paid so dear. The style setting empty soul jerks should move on an island where they have to defend themselves from headhunters without our help because they represent everything bad our ancestors ran away from to give birth to America. God save the USA and God forgive these tyrants! Such selfish ignorance. Willow Wootten Vance, widow of M/Sgt Rudy L. Vance, USAF, mother of Sgt Rudy L. Vance 11, 101st Airborne, Vietnam and daughter of, US Army Poster Girl, Diane Vance Morrison, who saw duty in coldwar Germany ...on the Russian border and has the arthritis to prove it, no compensation. ....covers her medical, teaching (in) the new age war zone schools. We need a new flag for the unAmerican Americans so we know who to pray for...Born in America a long time ago and proud of it!
A markedly different bill filed by Senator Steven Geller has emerged from committee hearings in Tallahassee and appears headed for enactment once the companion bill Hb 177 filed by Rep. Sobel is considered prior to and/or during the upcoming 2002 Legislative session. * SEE BELOW * Regardless, the amended bill seems to casts doubt on the ability of residents of deed restricted communities to install a FLAGPOLE in their front, side or rear yard or a bracket on the front of their condominium without a fight from the community HOA. Neither of these perogatives were included when the bill was heard and approved unanimously in committee. Possibly, it isn't necessary? Review and decide for yourselves. NOTE: While the bill can be retrieved in .html or .pdf format, Adobe Acrobat software is required to read the analysis. In time, both will be available for review at our Web site. Your comments and suggestions are appreciated. Thank you. The best to you and yours,
----------------------------------- * SEE
BELOW * ------------------------------
A bill filed by Sen. Anna Cowin and cosponsored by Sen. Steven Geller is on the table during this second Florida special session creating a misdemeanor violation for removing the display of the U.S. Flag. * SEE BELOW * While this bill creates a penalty for removal of the flag it's seems doubtful that it will diminish legal challenges by permiting a resident in a deed restricted community the right to erect a flagpole in the front, side or rear yard of their home or condo and/or install a bracket to display the U.S. Flag from the front of a home, townhouse, condominium unit or garage. To date; a companion bill filed by Rep. Dennis Baxley for consideration during the regular 2002 Legislative session has not been filed during the special session. However, Rep. Sobel filed a bill today, H 75C, which is closer to the intent of the statement above. While we're encourage by these patriotic
efforts neither bills contain the necessary provisions to deal with the
issue of a flagpole or bracket which, in all respects, seems to be the
key to enacting meaningful reform of current statutes thereby eliminating
frivolous lawsuits by a homeowners association against their members for
erecting a flagpole and/or bracket.
You'll recall, both special sessions were convened to balance the Florida state budget and a similar bill was not enacted during the first special session. Thank you for your consideration and God
Bless America!
* SEE BELOW * ----- Original Message -----
Please note the responses I received regarding
you original email. Bob Doran
I will support a bill to allow flagpoles
to exist in deed restricted communities. It will be done in the regular
session. I am not on any game.
I understand completely and I think that's what I said in my response to Jan's Daily News briefing. I don't know what motivated Jan to indicate the Governor was playing some sort of game but let's, realistically, explore the possibility. It is interesting that you and our Governor have indicated support for a bill which permits a "flagpole." There aren't ANY! Have you filed one, Representative Romeo? I think not. So, if we want flagpoles included in the four bills filed, we better get in gear and provide an amendment to the sponsor of these bills or we urge you to file a bill on your own and encourage our Governor to support the language that accomplishes the purpose and resolves current and future disputes, i.e., Example: '...A developer, owner, Homeowners Association or CONDO association will not be permitted to deny a homeowner the right to place a free-standing, portable, removable flagpole (of specific height) from being installed in the front, side or rear yard of their property for the purpose of displaying a United States flag...nor shall a CONDO association deny the right of a unit owner to place a bracket on their unit to display the U.S. flag...' Forget about U.S. Code Chapter 36 Section 10! It's obvious our Legislature understands the code doesn't provide the prerogative for a flagpole in a deed restricted community. I think, it's the reason the four bills delete the code references from current statutory provisions in Chapter 718 and 720 in these bills. With all due respect Representative Romeo; Governor Bush can continue to say he'll support a bill to permit a flagpole when there aren't any. So can you. That might seem as if he is 'playing a game.' as Jan implied. While I can't speak for Jan, I think I understand the implication. While I doubt the Governor is 'playing a game' he ought to say what he means and encourage the Legislature to include language in their bills as alluded to above. Likewise, so should you. Otherwise, the real problem of flagpole disputes will not be resolved in Florida. Ask George Andres from Jupiter about flagpoles! Ask the Veteran that was sued by the HOA several years ago for erecting a flagpole in front of his home. Ask the residents in my community that are unable to erect a flagpole on their property. If any of the current bills are enacted by the signature of the Governor, I believe, there is enough 'interpretation' for a developer, HOA and their clever attorneys' to force removal. I predict; if a bill is enacted as currently written; the first homeowner to erect a flagpole in front of their home or on the wall of their CONDO to display the U.S. flag will end up in court because of the reliance on another ambiguous law in Florida and their unwillingness to remove the display. We ought to stop playing games with the lives of the Citizens of Florida. The laws re HOA's and deed restricted communities are not written to benefit those enticed to relocate. The laws, in general, re real estate transactions in Florida continue to be violated despite efforts to convince our three branches of government to amend current laws to protect homeowners rights. We received two more "HOA Horror Stories" this week. One re the failure to disclose the existence of a HOA, before contract for sale, pursuant to s. 689.26 Disclosure, Florida Statute. The threat of salary attachments for delinquent fees which the purchasers weren't aware of until receiving a letter from the HOA. The second; imposition of fines, attorney fees, threats and harassment for arrears. The next steps? Lien and foreclosure by the HOA contrary to the Florida Constitution exempting foreclosure of homestead property. Let's get off dead center, stop playing games and deal with the issue of the flagpole, HOA's and deed restructured communities in a forthright and unambiguous manner. Enough is enough! "Full Disclosure" not 'Caveat Emptor' must be the "Buy Words" in Florida! I apologize for my arrogance this morning but that's my personal opinion and I'm entitled to it! The best to you and yours,
You'll recall previous stories about the Korean Veteran in Jupiter engaged in a battle with his Homeowners Association (HOA) for displaying the American flag on a flagpole in front of his home. As you know, a judge ruled that George Andres must pay $100.00 per day for everyday the flag was/is displayed on the pole and George counter-sued the HOA. Well, this battle isn't over and we're unable to predict the final outcome but courtesy of staff writer Jim Ash of the Palm Beach Post we're able to bring you a recent update following our brief remarks. * SEE BELOW * According to Mrs. Andres, Governor Jeb Bush was interviewed on a local TV station wherein he stated, '....flagpoles should be permitted...' We don't know if he said, '...flagpoles should be permitted in the front of a home to display the American flag...' We do know; deed restrictions aren't reviewed by any governmental agency before recording and provisions re flagpoles and display of the American flag vary and are ambiguous. For example: The American flag can be flown on a flagpole provided it is from a bracket attached to the front of a home or garage. Some communities do permit flagpoles to be erected in front of a home. While our community does NOT an adjacent community permits flagpoles in front of homes. Ambiguous provisions exist in deed restrictions that do not directly address flagpoles. As long as provisions specify that no 'structure' can be erected without the permission of the HOA, judges in Florida will continue to rule that a flagpole is a 'structure' and is not permitted in the front, side or rear yard of a home, siding with the HOA and/or developer. This is the primary reason, in a previous dispatch, we asked our Governor to discuss this issue with his Cabinet, House and Senate leaders, stakeholders and industry partisans in an effort to resolve this issue during the 2002 Legislative session. Read the full story below and stay tuned! The best to you and yours,
The first bill to amend current law and permit the display of the American flag in a respectful way in deed restricted communities has been prefiled by Florida Senator Steven A. Geller from Broward county. * SEE BELOW * We should have known that Senator Geller, a recognized champion for homeowners rights, would be the first member of the Florida Legislature to file a bill on this matter. As a Representative he filed companion bills in support of our advocacy in 1994 & 1995 which were instrumental toward enactment of current laws. Thank you Senator Geller for your advocacy on this issue and for coming forward at this time. We appreciate your concern and patriotism. God Bless you, Sir and God Bless America! While it's true; the laws enacted in '95 were partially inadequate to protect prospective purchasers, current residents and homeowners rights in general, we fault the stakeholders and industry partisans for thwarting meaningful reform since the '95 Legislative session even though certain amendments were enacted in '97/'98. It will be interesting to learn of their stance on this bill and others that might be filed for similar purposes. As you know, this year we have requested the creation of a Florida Mandated Property Task Force to enable consumer advocates to sit at the same table with the stakeholders and industry partisans to brainstorm the entire scope of laws related to disclosure and homeowners rights. The reception has been tepid but there is a ray of Sunshine in our state which we hope to be able to announce in an upcoming Press Release very soon. One way or the other we will advise of our actions and success or failure. Stay Tuned! In the meantime, please make time to review Senate Bill 148 very carefully and offer your support to Senator Geller. In addition, urge your Senator's to sign on as co-sponsors and your House member to file and/or co-sponsor the companion. If you have a concern about the language of this bill please advise the good Senator and forward your remarks to our organization. BTW, the next time you visit our Web site, please sign our Guest Book and consider clicking on that ever present JOIN button. Together we can make a difference. We need you to advocate for common goals and objectives. Thank you. Sincerely,
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