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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2006
Posts: 69,317 |
This case is absurd, nothing more than a power struggle and the flag is caught in the middle. On the surface, its another case of a vet locking horns with an HOA over a flag but its actually an old guy who won't play by the rules he agreed to follow. It's not that he can't display a flag, it's the manner in which he displays it. On the other side, the flag is very small and not in the least obtrusive but the HOA WILL have its way. While I detest the very idea of an HOA, I think they'll win this one. ![[Linked Image]](http://www.independentsentinel.com/wp-content/uploads/2014/06/US-flag.jpg) Florida vet says 'Bring it on,' as he faces eviction over flower pot flag
Published June 27, 2014
FoxNews.com
A Florida veteran who is facing foreclosure for insisting on displaying a small American flag in a flower pot on his front stoop is telling his homeowner's association to "bring it on."
�The flag is worth fighting for,� 73-year-old Larry Murphree, of Jacksonville, told FoxNews.com Friday. �If they want to foreclose, bring it on. I�m getting calls from all over the county to stand up. That�s what I'm going to do.�
Murphree's homeowners association at Tides Condominium at Sweetwater began hitting him with fines of $100 a day last year for violating his homeowners association�s flag display rules. But instead of paying the fines, Murphree let them pile up - and kept his flag on display. Now he owes more than $8,000, and neither side will budge.
"It�s a small flag but it stands for a big thank you and it shows the love and respect I have for my country.�
- Larry Murphree
�I just kind of dug in my heels," he said. "It�s worth fighting for. It�s a small flag but it stands for a big thank you and it shows the love and respect I have for my country.�
On Wednesday, Murphree told Fox News Channel's Fox & Friends that his fight for the flag is with the board that runs the association.
�I would think if anybody on that board told me they served in the military, I�d have to ask them which side,� Murphree, who served six years as an Air Force air traffic controller during the Vietnam War, said on theshow.
The fight started in 2011 and landed in court a year later where the two sides reached a settlement in which Murphree agreed to display his flag in compliance with association rules. But two weeks later, the board changed the rules, saying flags could only be displayed on a pole outside the garage and that flower pots were only for flowers.
Murphree ignored the new rules and, in 2013, the fines started. He took the board to court again, this time to federal court where he claimed he had a right to fly his flag under the 2005 Freedom to Display the American Flag Act. But last March a judge dismissed the case on technical grounds. The judge said Murphree could also take his claimsto state court.
Now the board is claiming Murphree owes $8,000 and has attached a foreclosure lien for nonpayment. If the retiree doesn�t pay up the board could start a foreclosure action to take his home.
"I'm not going to back down," Murphree told FoxNews.com.
The board said in a statement Thursday that it �has not prohibited any owner from properly displaying an American flag.�
�The Tides agrees with Mr. Murphree about demonstrating patriotism by flying the American flag,� the statement said. �We have established rules that conform with U.S. code and Florida statutes regarding flag etiquette, and we encourage residents to fly American flags in accordance with the state and national standards.�
Michelle Haines, the board�s attorney, said under Florida law the homeowner's association can fine a condo owner $100 a day, but the maximum amount is $1,000. She said the board is foreclosing on Murphree for being delinquent on his monthly assessment.
Fox News' Karl de Vries contributed to this report
“In a time of deceit telling the truth is a revolutionary act.”
― George Orwell
It's not over when you lose. It's over when you quit.
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Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,600 |
HOA's have been given WAY too much power.  If every family there that has a veteran in their family, or has served in the armed services would lay down some serious press about this, as well as stop sending in their HOA dues, I suspect they would revise the rules there, or grant him a variance.
Molɔ̀ːn Labé Skýla!
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Campfire Oracle
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Campfire Oracle
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The only thing worse than a bunch of Yankees is a bunch of retired Yankees.
"Dear Lord, save me from Your followers"
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Campfire Oracle
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Campfire Oracle
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What the hell is the world coming to?
"...the left considers you vermin, and they'll kill you given the chance..." Bristoe
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Posts: 69,600
Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
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What the hell is the world coming to? We are witnessing the result daily now. 
Molɔ̀ːn Labé Skýla!
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2006
Posts: 69,317 |
HOA officers are elected by the residents. Their power is granted by those who elect them. From what I gather, they've never told him that he can't display the flag. They've changed the rules to make him jump through their hoop but when he signed their agreement, he agreed to jump. The flag is just a pawn. If it wasn't that, he'd be butting heads with them over something else. The case should have never happened in the first place but we have a group of old people with nothing better to do who will win or else.
“In a time of deceit telling the truth is a revolutionary act.”
― George Orwell
It's not over when you lose. It's over when you quit.
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Campfire Member
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Campfire Member
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Why would anybody in their right mind live in a HOA to begin with?
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Campfire Oracle
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Campfire Oracle
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Because they are retired Yankees from big cities that are accustomed to being told what to do.
"Dear Lord, save me from Your followers"
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Campfire Outfitter
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Campfire Outfitter
Joined: Oct 2008
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My son bought a house in a new development in Hilliard Ohio a few years ago. All fencing could not be over 3' high. They wanted to create a more neighborly environment.
�Nothing is so permanent as a temporary government program." -- Milton Friedman
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Campfire Oracle
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Campfire Oracle
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I've found the best way to have a neighborly environment is to not have any.
"Dear Lord, save me from Your followers"
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Campfire Tracker
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Campfire Tracker
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I've found the best way to have a neighborly environment is to not have any. Agreed
When I die I hope I don't start voting democrat.
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Campfire Ranger
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Campfire Ranger
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For liberals and anarchists, power and control is opium, selling envy is the fastest and easiest way to get it. TRR. American conservative. Never trust a white liberal. Malcom X Current NRA member.
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Campfire Ranger
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Campfire Ranger
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Problems with most HOA's is the don't follow Due Process. It's a dictatorship. In Idaho they are talking about reining in the HOA's. Too many of them use fines as a fund raiser when they aren't charging enough. It's ridiculous. Most have a power hungry A-Hole sending the letters.
NRA LIFE MEMBER
GOD BLESS OUR TROOPS
ESPECIALLY THE SNIPERS!
"Suppose you were an idiot And suppose you were a member of Congress... But I repeat myself."
-Mark Twain
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Campfire Kahuna
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Campfire Kahuna
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Many HOA's have power hungry nut cases in charge simply because no one else wants the job. They're voted in by a bunch of people who'd rather not be involved and who could care less what's going on when they're not looking...which is most of the time.
“In a time of deceit telling the truth is a revolutionary act.”
― George Orwell
It's not over when you lose. It's over when you quit.
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Campfire Regular
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Campfire Regular
Joined: May 2006
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Problems with most HOA's is the don't follow Due Process. It's a dictatorship. In Idaho they are talking about reining in the HOA's. Too many of them use fines as a fund raiser when they aren't charging enough. It's ridiculous. Most have a power hungry A-Hole sending the letters. Exactly right. HOAs amount to Private government with the legal power to deprive residents and homeowners of fundamental rights without due process.
Last edited by night_owl; 06/28/14.
abusus non tollit usum
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Joined: Jan 2006
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Campfire Kahuna
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Campfire Kahuna
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And that power is given to them by the people under them. When you sign on to an HOA, you give them the power to control you.
“In a time of deceit telling the truth is a revolutionary act.”
― George Orwell
It's not over when you lose. It's over when you quit.
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Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
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And that power is given to them by the people under them. When you sign on to an HOA, you give them the power to control you. Makes 5 acres out of their jurisdiction pretty attractive to build on... 
Molɔ̀ːn Labé Skýla!
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Campfire Regular
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Campfire Regular
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Yes, But...
Almost no one understands the power of HOAs and the rights to due process they are waiving when they buy property governed by an HOA.
People are familiar with signing a contracts or promissory notes. Unlike "membership" in an HOA, contract signers are shielded from unreasonable harm by potential legal and equitable defenses and counterclaims.
Last edited by night_owl; 06/28/14.
abusus non tollit usum
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Campfire Tracker
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Campfire Tracker
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The easy answer is don't live in an HOA. Easy for most anyway.
While I agree that he agreed to certain rules when he signed up, I don't think HOAs should have the power they do over displaying the Nation's flag. That one particular thing should be protected by law regardless of HOAs.
There are already regulations regarding how the flag is displayed. That should be enough
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Campfire Outfitter
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Campfire Outfitter
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I lived in S Florida working at HOA community's for many yrs dealing w/ those bagel eatin' nosy c*cksuckers. Take the flag & move outta the HOA would be my suggestion.
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