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UPDATE: Vet says he can still fly his flag
World War II veteran is keeping flagpole in front yard, which is against HOA rules
UPDATE - 10/17/07, 1:34 p.m.
HOA relents: Vet can fly his flag World War II veteran Phil Stack said this morning that the Salem Fields homeowners association board decided last night to allow him to fly his American flag on a flagpole. The HOA property manager wouldn't confirm or deny what Stack said. The HOA rules prohibit flagpoles but allow homeowners to fly flags attached to their homes. Stack said his HOA rules book doesn't contain the section the HOA cited when it told him to remove the flagpole. Stack thanked the HOA for its decision. He also thanked the dozens of people who supported him in the controversy. "I'm really happy about it," he said. - Dan Telvock, The Free Lance-Star
Date published: 10/17/2007
By DAN TELVOCK World War II veteran Phil Stack plans to keep a flagpole in front of his home even though his homeowners association prohibits it. Stack, 84, and his flagpole are the center of controversy in the Salem Fields subdivision in Spotsylvania County. Yesterday was the deadline the HOA gave Stack to take down his flagpole or he faces a $10 fine per day for 90 days. Stack can attach the American flag to his home, like many of his neighbors, but the flagpole isn't allowed. "I'll leave it up a day or two and see what happens," Stack said yesterday. The Salem Fields HOA property manager, who asked to not be identified, has said that the guidelines prohibit "permanent free-standing flagpoles." But the HOA's main office on Rappahannock Drive has a flagpole, that until recently, flew an American flag. The property manager refused to discuss the matter when approached at her office yesterday, and the flag was not flying. Stack, who spent 30 months overseas and earned five battle stars as an Army cook, said he has a right to fly the flag on the 16-foot plastic pole because of his military service. Back from a weeklong stay in the hospital for heart trouble, Stack's voice was frail yesterday, his energy depleted. But he said the support he's received from strangers has lifted his spirits. About 15 people have called him and another half-dozen strangers came to his house to chat. "One girl came here and wanted to paint a flag on my garage door," he said. A Spotsylvania man left a note on a torn piece of paper in Stack's door: "Mr. Stack, I stopped by to say thank you for your service to this great country!! Good luck with the flag. I hope it keeps flying." The Free Lance-Star has received several dozen e-mails and letters, most in support of Stack. But some have questioned why Stack is breaking the HOA rules. The property manager has said that the rule prohibiting flagpoles was created before Stack moved in Jan. 1. A binder Stack said was all he received when he moved in did not show the rule--Article VII Section 7.12--cited in the HOA's violation letter. Stack's binder stops at Section 7.7. "They can waive it as I understand it," Stack said about the rule. "They overlooked it here for eight months and then all of the sudden this just pops up." Dan Telvock: 540/374-5438Email: dtelvock@freelancestar.com
Read more stories about Spotsylvania Date published: 10/17/2007
Bill of Rights-1, Bureaucracy-0
(posted by
Fireball533
, Oct. 20, 2007 7:58 am)
I was talking with a relative just yesterday about the underlying issue here-We as Americans have to be willing to stand up when rules, laws, or covenants are created that unnecessarily restrict free speech. Once this kind of ludicrous behavior by a likely well-intentioned HOA was exposed, it was only a matter of time before they had to see that what they had was a bad rule that unnecessarily restricted free speech. Hopefully they'll amend the rule now to be more realistic and revise the whole rule book.
You Miss The Point
(posted by
MikeR
, Oct. 19, 2007 1:10 pm)
HOAs are created by Developers for the benefit of Developers...Period. They are then handed off like hot potatoes to amature volunteers, who usualy have no qualifications or credentials after the money is made. Then it gets even worse! They now are private governments with no oversight, free press, independant judiciary, checks and balances ect. That they deny the American Flag should comee as no surprise to people who have surrendered many of the rights in the Bill OF Rights, just to own their own home!
But...
(posted by
jasonmva
, Oct. 19, 2007 11:14 am)
now when all fo the other homeowners review their documents and find they are missing the same pages, they can also fight (and win) to have a flagpole in their yard and can fly any flag from it they want. This is ultimately seeting a precident for all homeowners. I am not against flying the American flag at all (as savedbygracealone lead to multiple posts ago) but this is now going to open a can of worms that, if the same situation is found, must be allowed for everyone who did not have those pages.
Wait a min, jason
(posted by
janejain
, Oct. 18, 2007 9:19 pm)
Mr. Stack did not just SAY he was missing the page referring to the flagpole. The Disclosure Packet he was given was years out of date. There was a copy on file with the HOA and when they investigated, they found that indeed there was nothing in the documents given to Mr. Stack that said he could not have the flagpole. It is called Disclosure and it is the law. He was granted a WAIVER, also called an EXCEPTION to the rule under this set of circumstances. It does NOT apply to any other homeowner.
Hey Jason...
(posted by
Blk97F150
, Oct. 18, 2007 5:04 pm)
If someone in SF wants to fly the Stars & Bars, they can do so NOW... from a pole attached to their house. Hopefully, someone in the sub-division will test that too!! The bottom line is that Mr Stack did NOT violate the rules... and the HOA KNEW IT! His pole, being removable, would never be considered a 'permanent flag pole' by the courts. Bank on it.
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