LET THE STAR-SPANGLED BANNER YET WAVE …

By Jan Bergemann

Published June 29, 2012

 

The U.S. National Anthem is a very proud song – and it talks about the flag that is still waving.

 

But it seems that many members of community association boards are not very familiar with the lyrics of the anthem and clearly don’t like this flag to wave.

 

Over the past few years huge amounts of legal fees have been spent trying to disallow owners to fly Ol’ Glory.

 

Here in Florida the most prominent case was that of “Jupiter Flagman” George Andres, a proud former Marine who flew the American flag from a 13-foot flagpole in his front yard. The Indian Creek Phase III-B Homeowner's Association Inc. pursued this case, even after the law was changed in Tallahassee and the fines levied by the HOA were no longer legal. They tried to foreclose on Andres’s home to collect their legal fees, but they lost their shirt in Appeals Court [GEORGE ANDRES vs. INDIAN CREEK PHASE III-B HOMEOWNER'S ASSOCIATION]

 

It was estimated that the association paid about $300,000 in legal fees altogether – just in order to avoid seeing Ol’ Glory wave from a flagpole in George Andres’s front yard?

 

Even after the laws changed as a result of this widely publicized case (even then-governor Jeb Bush visited George Andres and paid $100 towards his fine), the attitude of many board members hasn’t changed. The media reports about many new cases popping up all over the nation. The latest case making headlines here in Florida took place in a HOA in Jacksonville . This headline says it all: Homeowner wins American flag battle against HOA.

 

Homeowners’ associations are supposedly protecting the property values in the community. Why do some board members consider flying the U.S. flag a danger to their property values? I will never understand why so much money is being wasted on an issue that definitely should make Americans proud – seeing the flag described in their National Anthem wave in the wind.

 

Maybe we should pass a law that all participants of board member certification courses must recite the national anthem. Would that make all of them get the drift? Maybe that would stop all these legal fights over owners proudly flying the U.S. flag.

 

Could anybody please tell me what is wrong with flying a U.S. flag from a perfectly good-looking flagpole on the owners’ deeded property?

 

Get ready for the 4th of July and proudly fly Ol’ Glory – a flag that is supposed to wave “O'er the LAND of the FREE and the HOME of the BRAVE…”!


 
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Jan Bergemann

Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!

  

CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.

  

The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

   
We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

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