A Cherokee County resident is refusing to quit flying the American flag atop a 14-foot pole, even though his homeowners association is taking him to court and threatening him with $25-a-day fines.

Ron Tripodo was served Thursday with a lawsuit from the Bridgemill subdivision’s homeowners association, said his next-door-neighbor and attorney, J. Daran Burns of Canton.

Flags can fly in the subdivision, but the homeowners association insists they be on poles attached to the houses, Burns said.

Tripodo spent $900 installing the flag pole outside his Canton home, complete with landscaping and lighting.

“He believes that’s the appropriate way to display the flag,” Burns said.

Tripodo also believes he has that right under the Freedom to Display the American Flag Act signed into law by President George W. Bush in 2005, Burns said.

The homeowners association suggested as an alternative that Tripodo put the flagpole in his back yard, the attorney said.

“I found that to be completely unreasonable … a joke,” Burns said.

He said the homeowners association has not gotten any complaints from neighbors.

The lawsuit threatens to assess Tripodo $25 a day, dating back to December, as well as attorney’s fees, Burns said.

He said Tripodo is vowing, if necessary, to take his case to the Supreme Court.

 

Comments

  1. Thanks for posting this! They had a news station there yesterday and we had a few bikes there and folks to show their support. The news lady asked everyone to leave though..here is a link to a pole the tv station has on it’s site.
    Everyone go vote for what’s
    right!!! http://www.11alive.com/
    Thanks Maj Pain!

  2. I have a couple of issues with this story. First, the link you posted has a vote which states that this is against the HOA By-laws. That seems highly unusual. Against Rules and Regs, yes. Against CC & R’s, yes. But By -laws are generally the documents which govern the Board, not the homeowners.
    Secondly, it all depends on the rules in place when he bought his home. I know it’s unpopular, but I served on a Board for many years and any time this type of rule was created, it was for a reason. The general public rarely takes time to find out WHY a rule exists in the first place, they simply react to something they don’t like. Personally, I’m curious as to why this rule exists, and if ALL rules are equally enforced with this HOA.

  3. I have to side with the HOA on this one. If the guy didn’t read the contract, he is still bound by it if he signed it.
    My apartment complex doesn’t allow ANY flags being displayed, even in a window.

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