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having just paid my HOA fees, I'm on Barfoot's side
http://www2.timesdispatch.com/rtd/ne...201/309031/P0/
Col. Van T. Barfoot, a local Medal of Honor winner, is under the gun from his Henrico County community's homeowner association.
In a five-paragraph letter to Barfoot that he received yesterday, Barfoot is being ordered to remove a flagpole from his yard. The decorated veteran of three wars, now 90 years old, raises the American flag every morning on the pole, then lowers and folds the flag at dusk each day in a three-corner military fashion.
In a priority mail letter, the Coates & Davenport law firm in Richmond is ordering Barfoot to remove the pole by 5 p.m. Friday or face "legal action being brought to enforce the Covenants and Restrictions against you." The letter states that Barfoot will be subject to paying all legal fees and costs in any successful legal proceeding pursued by the homeowner association's board.
Barfoot's daughter said this evening that news reports about the association order have prompted an outpouring of sympathy and offers of help from people following her father's ordeal.
Tonight, the Sussex Square Homeowners Association issued a statement reiterating its position that Barfoot directly violated the association board's denial of his request to erect a flagpole.
"This is not about the American flag. This about a flagpole," the statement reads.
Barfoot lives in the Sussex Square community in far western Henrico; its board of directors rejected a plea from Barfoot in July to approve the pole, disallowing the fixture on aesthetic grounds.
There is no provision in the community's rules expressly forbidding flagpoles, Barfoot's daughter said. But she said the board ruled against her father's fixture and ordered it removed in July, deciding that free-standing flag poles are not aesthetically appropriate. Short flag stands attached to porches dot the community.
"Dad sort of feels like this is the end," said Margaret Nicholls, Barfoot's daughter, who lives a few doors away. But she said this morning that she and her husband are attempting to generate support for her father's cause, a flag-raising rite that he has undertaken for most of his life.
Barfoot received the Medal of Honor on the battlefield during World War II in Italy and fought as well in the Korean and Vietnam wars. A portion of a highway in rural Mississippi, his native state, was named in his honor this fall. A building at McGuire Veterans Hospital in Richmond also carries his name.
Barfoot began regularly flying the flag on Veteran's Day this year despite the Sussex Square board's decision.
He said in November that not flying the flag would be a sacrilege to him.
"There's never been a day in my life or a place I've lived in my life that you couldn't fly the American flag," he said.
For more on this story, see tomorrow's Richmond Times-Dispatch.
-- Bill McKelway
The wiki article denoting his medal of honor and how he earned it:
"For con uous gallantry and intrepidity at the risk of life above and beyond the call of duty on 23 May 1944, near Carano, Italy. With his platoon heavily engaged during an assault against forces well entrenched on commanding ground, 2d Lt. Barfoot (then Tech. Sgt.) moved off alone upon the enemy left flank. He crawled to the proximity of 1 machinegun nest and made a direct hit on it with a hand grenade, killing 2 and wounding 3 Germans. He continued along the German defense line to another machinegun emplacement, and with his tommygun killed 2 and captured 3 soldiers. Members of another enemy machinegun crew then abandoned their position and gave themselves up to Sgt. Barfoot. Leaving the prisoners for his support squad to pick up, he proceeded to mop up positions in the immediate area, capturing more prisoners and bringing his total count to 17. Later that day, after he had reorganized his men and consolidated the newly captured ground, the enemy launched a fierce armored counterattack directly at his platoon positions. Securing a bazooka, Sgt. Barfoot took up an exposed position directly in front of 3 advancing Mark VI tanks. From a distance of 75 yards his first shot destroyed the track of the leading tank, effectively disabling it, while the other 2 changed direction toward the flank. As the crew of the disabled tank dismounted, Sgt. Barfoot killed 3 of them with his tommygun. He continued onward into enemy terrain and destroyed a recently abandoned German fieldpiece with a demolition charge placed in the breech. While returning to his platoon position, Sgt. Barfoot, though greatly fatigued by his Herculean efforts, assisted 2 of his seriously wounded men 1,700 yards to a position of safety. Sgt. Barfoot's extraordinary heroism, demonstration of magnificent valor, and aggressive determination in the face of pointblank fire are a perpetual inspiration to his fellow soldiers."
http://en.wikipedia.org/wiki/Van_T._Barfoot
having just paid my HOA fees, I'm on Barfoot's side
I hate Homeowner's assoc. They should not have the power to take away someone's home. Has a case like this ever gone to the SCOTUS
Jesus...thats like a video game script, right there.
Right? They could actually base a videogame off of his actions.Jesus...thats like a video game script, right there.
This guy won the Medal of Honor. He should be able to masturbate naked in his own yard at noon if he wants to.
Wouldn't it be funny if all these captures and kills were surrendipudous on something crazy like him falling asleep in his foxhole while his fellow troops pulled back? Isn't there a movie like that?
HOAs suck. There are such arbitrary rules here such as coloration of parts of home, display of small storage sheds, usage of streets to park cars and more. Can't even keep a boat on your own driveway.
By the way, reading medal of honor citations reminds me that there are people our there far more courageous than I could ever dream to be. Many truly are like scripts straight from an action movie.
He was a squad leader when the task force to which his unit was attached encountered resistance in its advance on Kirchain, Germany. Between the town's outlying buildings 300 yards distant and the stalled armored column were a minefield and 2 bridges defended by German rocket-launching teams and riflemen. From the town itself came heavy small-arms fire. Moving forward with his men to protect engineers while they removed the minefield and the demolition charges attached to the bridges, S/Sgt. Dietz came under intense fire. On his own initiative he advanced alone, scorning the bullets which struck all around him, until he was able to kill the bazooka team defending the first bridge. He continued ahead and had killed another bazooka team, bayoneted an enemy soldier armed with a panzerfaust and shot 2 Germans when he was knocked to the ground by another blast of another panzerfaust. He quickly recovered, killed the man who had fired at him and then jumped into waist-deep water under the second bridge to disconnect the demolition charges. His work was completed; but as he stood up to signal that the route was clear, he was killed by another enemy volley from the left flank. S/Sgt. Dietz by his intrepidity and valiant effort on his self-imposed mission, single-handedly opened the road for the capture of Kirchain and left with his comrades an inspiring example of gallantry in the face of formidable odds.For con uous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as Automatic Weapons Gunner for Naval Special Warfare Task Group Arabian Peninsula, in support of Operation IRAQI FREEDOM on 29 September 2006. As a member of a combined SEAL and Iraqi Army sniper overwatch element, tasked with providing early warning and stand-off protection from a rooftop in an insurgent-held sector of Ar Ramadi, Iraq, Petty Officer Monsoor distinguished himself by his exceptional bravery in the face of grave danger. In the early morning, insurgents prepared to execute a coordinated attack by reconnoitering the area around the element's position. Element snipers thwarted the enemy's initial attempt by eliminating two insurgents. The enemy continued to assault the element, engaging them with a rocket-propelled grenade and small arms fire. As enemy activity increased, Petty Officer Monsoor took position with his machine gun between two teammates on an outcropping of the roof. While the SEALs vigilantly watched for enemy activity, an insurgent threw a hand grenade from an unseen location, which bounced off Petty Officer Monsoor's chest and landed in front of him. Although only he could have escaped the blast, Petty Officer Monsoor chose instead to protect his teammates. Instantly and without regard for his own safety, he threw himself onto the grenade to absorb the force of the explosion with his body, saving the lives of his two teammates. By his undaunted courage, fighting spirit, and unwavering devotion to duty in the face of certain death, Petty Officer Monsoor gallantly gave his life for his country, thereby reflecting great credit upon himself and upholding the highest traditions of the United States Naval Service."Sergeant First Class Paul R. Smith distinguished himself by acts of gallantry and intrepidity above and beyond the call of duty in action with an armed enemy near Baghdad International Airport, Baghdad, Iraq on April 4, 2003. On that day, Sergeant First Class Smith was engaged in the construction of a prisoner of war holding area when his Task Force was violently attacked by a company-sized enemy force. Realizing the vulnerability of over 100 soldiers, Sergeant First Class Smith quickly organized a hasty defense consisting of two platoons of soldiers, one Bradley Fighting Vehicle and three armored personnel carriers. As the fight developed, Sergeant First Class Smith braved hostile enemy fire to personally engage the enemy with hand grenades and anti-tank weapons, and organized the evacuation of three wounded soldiers from an armored personnel carrier struck by a rocket propelled grenade and a 60 mm mortar round. Fearing the enemy would overrun their defenses, Sergeant First Class Smith moved under withering enemy fire to man a .50 caliber machine gun mounted on a damaged armored personnel carrier. In total disregard for his own life, he maintained his exposed position in order to engage the attacking enemy force. During this action, he was mortally wounded. His courageous actions helped defeat the enemy attack, and resulted in as many as 50 enemy soldiers killed, while allowing the safe withdrawal of numerous wounded soldiers. Sergeant First Class Smith's extraordinary heroism and uncommon valor are in keeping with the highest traditions of the military service and reflect great credit upon himself, the Third Infantry Division 'Rock of the Marne,' and the United States Army.He was a scout when the unit advanced with tanks along a street in Manila, Luzon, Philippine Islands. Without warning, enemy machinegun and rifle fire from concealed positions in the Customs building swept the street, striking down the troop commander and driving his men to cover. As the officer lay in the open road, unable to move and completely exposed to the pointblank enemy fire, Pfc. Grabiarz voluntarily ran from behind a tank to carry him to safety, but was himself wounded in the shoulder. Ignoring both the pain in his injured useless arm and his comrades' shouts to seek the cover which was only a few yards distant, the valiant rescuer continued his efforts to drag his commander out of range. Finding this impossible, he rejected the opportunity to save himself and deliberately covered the officer with his own body to form a human shield, calling as he did so for a tank to maneuver into position between him and the hostile emplacement. The enemy riddled him with concentrated fire before the tank could interpose itself. Our troops found that he had been successful in preventing bullets from striking his leader, who survived. Through his magnificent sacrifice in gallantly giving his life to save that of his commander, Pfc. Grabiarz provided an outstanding and lasting inspiration to his fellow soldiers.
hoas are good. go look at some neighborhoods wo them.
So he can still fly a flag, right? I guess he can check with a lawyer, but it might not be worth the potential cost at this point.
So he asked the HOA if he could erect a flagpole, they say "no" and he does it anyway. Not the best course of action and legally, he doesn't have a leg to stand on.
That being said, I think the HOA were being being s when they turned him down.
Let's see, following the lead of the righties who placed the entire blame on borrowers sucked into sub-prime loans they could never pay, for not reading the contract:
"Henrico didn't read the HOA contract when he moved in? 'im"
Way to not read the article. Nothing in the contract prevents him from having a flagpole in his yard. He was told to remove it specifically for "aesthetic reasons". Basically, the HOA thinks it looks tacky to have an American flag flying on a pole on their street and took a vote to have him take it down, despite it not being against any kind of rule or law to do so.
That's a disgrace to tell a medal of honor winner he can't raise a flag in his yard. How much of a power-hungry bag can you be to not allow a man who has given so much to show respect for his country? I guess not all needle s who got picked on in high-school become cops.
I hate homeowners associations also, but that's what you get when you give up your rights by moving into a house belonging to one. Sorry to say this, but it appears he needs to abide by the rules. The exception to this would be if the flagpole was there before the association was formed. Then standard grandfathering should be applied.
There's a real easy way to avoid HOA rules: don't buy there. HOAs exist to have nice subdivisions where your next door neighbor doesn't have a ing broken down school bus parked in his back yard, or your down the street idiot doesn't paint his house fuchsia. Everyone bumps into something eventually with their HOA. It's part of not living in a hole Okie-style neighborhood.
It's funny that most of the people crying over this are the board Republicans. Hey guys, HOAs are just the Republican party in miniature, all in everybody's bedroom and womb.
Like local, state and federal govermnent, we get the HOAs we deserve. Real estate values above all other considerations.
I appreciate his service, but no.
People will definitely pay to NOT live next door to the Joads.
The school bus story is true, BTW. I used to drive through one of the older neighborhoods in Schertz as a short cut to FM78, and this er really had an old school bus in his back yard. I think of that every time I get notice from the HOA to cut my grass or replace a fence picket.
I think the basic principle behind the starting of HOAs is a good thing, but I think in many cases it has gotten out of hand, and frankly I'd love to look at the books of some of the HOA managing companies and see how the dollars are spent and what the salaries are of these agents.
I pay a few hundred a year for my HOA dues, but we have no gates, no community swimming pool, homeowners cut the yard behind their fences along the right of way and code compliance is usually called out for any issues such as basketball goals in the street or weeds.
I have the monetary breakdown for the HOA in my deed papers, but it makes little sense. Administration fees don't cut it for me and I'd really like to know where the my money is really going.
It feels like a scam that I can do nothing about except bend over and take it, because it's all in the name of maintaining an aesthetically pleasing community. If you are determined to be of sound mind and you sign the papers, you are at their mercy.
He's got nothing to stand on. The pole's gotta go. If he masturbates in his front yard at noon, his other pole's gotta go to jail.
Some amazing stories.
How about the flagpole, then? Couldn't the HOA make an exception for Medal of Honor recipients?
If not, why not?
If there are no specific HOA rules against flagpoles, and there are rules that say the HOA has the power to enforce their definition of "aesthetics", then he's still screwed for signing the (very broad) HOA contract.
Two more completely awesome individuals who don't know how to ing read!
Way to go, guys!
False. An HOA can't suddenly decide willy-nilly to tell someone what they can or cannot do. We still have rights in this country as citizens. If they told you that you have to remove your windows from your house or repeatedly made you pain your house every other week, there are provisions to protect you, and a judge will toss their happy little ass out of court.
A contract does not en le an HOA to complete control over your life.
Last edited by Cry Havoc; 12-05-2009 at 09:54 AM.
hahahahaa +1
LOL @ HOA.
They could. It's a shame they won't. Maybe they are communists?
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