Col. Van Barfoot, WWII Vet Battles Homeowners To Raise USA Flag

by Amy Judd | December 3, 2009 at 02:01 pm
3783 views | 46 Recommendations | 65 comments

Col Van Barfoot, has won the right to fly his flag (see updated story)

Col. Van Barfoot, 90, and a decorated WWII veteran, is battling his homeowner's association for his right and desire to fly the USA flag in front of his home on a flag pole.

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Col. Van Barfoot WWII Vet Battles Homeowners To Raise USA Flag

Col. Van Barfoot WWII Vet Battles Homeowners To Raise USA Flag

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uploaded by Rhonda J Mangus

Col. Van Barfoot has now been given an extension to December 11th to remove the flagpole.

Col. Van Barfoot, who is a Medal of Honor winner, built the flagpole in September outside his Virginia townhouse and every day he raises the American flag at sunrise, and lowers the flag at sunset. But his homeowner's association says that the flagpole violates their aesthetic guidelines and originally he was given until 5pm December 4th to remove the pole or he could face a lawsuit. 

Col. Van Barfoot is only one of about 90 surviving Medal of Honor recipients and he also served in Korea and Vietnam.

Neighbors have expressed their support, but the decision is up to the nine-member association board on whether they will grant an exception to the rules.

What do you think should happen?

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3
Karl Gotthardt - albertacowpoke

The man is 90 years old and has given to his country, the homeowners association should listen to the neighbors of Col Van Barfoot.  Who came up with that aesthetic guideline anyways?

1
Hugh Askew

The neighborhood association.

They could change the covenant...if they really wanted to.

0
aurealeus

"They could change the covenant...if they really wanted to."

While it is obviously a violation of the homeowners association rules to erect a flagpole as reported in this story, HOA associations have been known to make exceptions in various cases.

I would like to propose a logical solution in this case, especially where this individual is a War Hero, particularly a recpient of "The Medal of Honor," (our nations highest honor) that he might be given special consideration in recognition of the Heroism that allows his neighbors and association to have the freedoms (of imposing stupid rules) and security these condo-commandos enjoy today. 

Such consideraton the association might allow is the flagpole to remain as long as the Hero lives and remains in his townhome.  After he is gone, the flagpole might be allowed to remain in place or relocated to a more common area (such as the clubhouse or park area) as a permanent Memorial, with a plaque dedicated to his service and as a reminder of all our heros and other veterans who have volunteered their service and lives to protect America.  Not to mention the pride to the community, having such a Hero as a neighbor and resident.

0
petty officer first class paul kershner usnret

i agree with aurealeus if the home assocation doesnt want the flag flying then have it taken down and leave the pole there good lord the man is in his ninties how long does he have if it would be me i would see them in court  i am pretty sure they will lose this man is a medal of honor winner he will have every military org behind him and if the citizens of  community dont stand up for this hero then they deserved to be prisnor in there own homes

0
aurealeus

Actually, the flag isn't the issue.  The pole is!

0
Rory Cripps

ACP: I'm a freakin' expert on homeowners associations. They suck big time! HA!

HOAs enforcement of the covenants, conditions, and restrictions (the deed restrictions) are more often than not arbitrary, discriminatory, and selective. And in most cases the restrictions are only enforced if someone complains. HOAs are simply a tool (useful idiots) of the Real Estate Industry. They were formed years ago simply and solely as a tool to maintain property values. And in spite of the fact that they are responsible for enforcing all of the deed restrictions in an across-the-board manner they never do. They only enforce cosmetic restrictions such as green lawns and American flags. 

I will say this though: I doubt that my HOA would tell a Medal of Honor winner to take down his flag. It all depends on whom is sitting on the HOA board.

0
aurealeus

Florida... HOA capital of the world.

 

4
Snack Fu

I think he should comply with the homeowners' association.  He has been given the right to fly a flag from his house, but the land on which he erected a 21-foot flagpole is not his property!  It's land owned by the entire community.  If he has a problem with it, then he can move; I'm 110% sure he was given the community rules before moving in, so maybe he should have read them.If you read the full articles (not printed here), you'll see that many neighbors actually fly flags from their homes, but  not from a flagpole illegally installed on property that does not belong to them.

7
James R

Snack Fu (Troll),In my opinion this man has earned the right to special treatment. He is a Medal of Honor winner and If you do not know what that is please look it up. Also, please read his citation. If this man wants to raise the flag on a 60' pole wearing a duck outfit and playing the stars and stripes on a kazoo every morning he should be left to do so.Here's an idea...change the rule to " flags can only be displayed on a pole if you are a Medal of Honor recipient, all others must follow these guidelines..." Since there are only about  92 (yes that's right) of them still alive I think it's a safe bet flag poles won't pop up in everyone's yard.I'm currently blowing razz-berries in your direction you big ivory tower meanie or just plain troll. 

1
Jack Cummings

  I agree James R

1
Snack Fu

Actually, if he filed a formal protest and organized a coalition of neighbors who agreed with him, I would be more sympathetic.  In fact, it sounds like most neighbors actually do agree with him; unfortunately, the 9-member board does not, but they would be swayed if he did things properly instead of installing a flag pole just because he feels like it.  I do agree that he SHOULD be allowed to fly his flag on a pole, but none of us make the rules.  What if you lived next to a Medal of Honor winner who felt like playing the bugle every morning at 5am?  Would you be okay with it?  And yes, I do know what the M.O.H. is - my grandfather proudly displayed his, as do we since his passing.  If I were the board, I would suggest installing the pole in the middle of the community space and invite everyone to join Col. Barfoot every morning and night for the flag raising and lowering; this is what we did at my house every day as a family.

0
Lee Stein

You said it Brother!  Even if I WASN'T the Son and Husband of Veterans, I would approve of this man doing what he is doing!  And I don't care if there are ten THOUSAND MoH winners in this country, who the "you know what" is ANYBODY to tell this man he can't fly MY flag any way he wants?  Yes, duck outfit, kazoo, and all!Sarge, they come back, you get hold of me via this forum, I will eat dogfood for a MONTH and send you the money I save towards your legal fees!Un-FRICKING-believable!!!!

0
Lee Stein

You said it Brother!  Even if I WASN'T the Son and Husband of Veterans, I would approve of this man doing what he is doing!  And I don't care if there are ten THOUSAND MoH winners in this country, who the "you know what" is ANYBODY to tell this man he can't fly MY flag any way he wants?  Yes, duck outfit, kazoo, and all!Colonel, they come back, you get hold of me via this forum, I will eat dogfood for a MONTH and send you the money I save towards your legal fees!Un-FRICKING-believable!!!!

2
Fu Snack

  If it wasn't for men like this, we may not have the stars and stripes to fly. You idiot.

1
jhudson

If wonder if this man allowed his subordinates to disobey the rules when he was in the military service.

1
A.Wood

  What's the name of this "Homeowners Association"?  Sounds vaguely like the old hobnails and cobblestones that this national treasure, Col B, fought so bravely against.  Personally, I don't believe there is anyplace within this country wherein our flag cannot be flown!  What's next?  Book burning?!

0
Encee

Hey Fu:I think I know what the solution here is!Get enough Moolah together and buy out the HOA members!Hell, it works for Tiger Woods and always has for a whole mess of politicians.Then, just go blithely along as if everybody else is mollified, because they will be.It's the American Way, regrettably.

0
Jay B

What rock did you crawl out from under? This man did more in one day than you probably have in your entire slovenly existence. That is why he has been awarded the Medal of Honor. He then fought in two more mores for his and our country.  He has earned the right (not priviledge) to devote his allegiance to the flag as is proper (not mandated by an HOA), and to treat his flag with respect and dignity that we all should strive to do as citizens of this great, and free (because of men like Col. Barfoot) country.

0
DallasW

Obviously, SNACKFU has not seen pics of the property.  The flag pole is right next to his house in front of where he parks his car.  Therefor, it is NOT the community's property unless they want to start making the payments.  Until then, it IS his property.

0
Dave Phillips

To view and sign a Petition demanding that President Obama bestow posthumously upon Audie Murphy the Presidential Medal of Freedom click or go to this link: www.thepetitionsite.com/1/Audie-Murphy-Presidential-Medal-of-Freedom-Award or go to Google and type the phrase "Audie Murphy Medal of Freedom" to find the link. Thank-you for your support! Dave Phillips

1
minausmc

Are you kidding snack fu??This guy is allowed to fly the American flag anywhere he wants and the way he wants it! if it wasn't for people like him we wouldnt have our freedom.

0
YankeeJim

Solution: Paint the flag on the front of his house or garage door.

1
aurealeus

If the HOA will not allow flying the American flag, I seriously doubt painting the flag on his house/garage would be allowed and most likely, would be a more serious violation of the association rules.

0
YankeeJim

I would try it. Let them scrape him out of there.

4
Kirk W.

This man is a Medal of Honor Recipient and no homeowner's association has the right to tell him what to do or where he can fly his flag.  Have these people lost their ever loving minds?!!  These idiots had better yield, apologize, shine Mr. Barfoots brass, mow his lawn and give him the respect that he deserves.

0
CptSmashy

Actually yes, the HOA has absolutely every right to tell him what he can and can't do within the community.  He even signed a contract granting them that right.  

0
DallasW

No, actually they do not .. not in respect to the American Flag ... as I posted on here further down, federal law states that NO association has that right.  They don't have the right to even have that in the contract any longer.

1
Tray J.

Well said James R. I dont beleive this man's flagpole is going anywhere. It will stay right where it is and he will just keep on doin his thing. The rest of you Un-American fawkers just go away. Semper Fi Col. Barfoot!

3
Barbara McPherson

I don't know the details of this case, but if the gentleman erected the pole without permission on common ground he clearly overstepped the rules of his community.  Democracy is sometimes hard for the person on 'the outs' to take and sometimes decisions made by the democratically elected people are stupid, but that's democracy.  This man may be a hero.  He should still follow the community rules and make his appeal in the designated way.

0
John Windmiller

To Barbara Mc Pherson This man may be a hero? he is a hero ! It it wasn't for people like him you wouldn't be writing this. People like you are whats wrong with this country. You seem to have forgotten the price we have paid for our freedom. I think maybe you ought volunteer to go to Afghanistan then maybe you might get an idea. You bleeding heart liberals have given this country away.

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