The desire to promote certain aesthetics and maintain property values motivates homeowners associations throughout California and the rest of the country to establish by-laws. One man who ran afoul of by-laws prohibiting a flag pole in his front yard over 20 years ago won his battle on a second attempt.
He had served as a medic in the Vietnam War and wanted to display the U.S. flag as a tribute to the Marines who had served with him during the war. His first battle with his HOA in Virginia landed him in court when he refused to take down his flag. After being found guilty of violating the by-laws at the Wyndham Homeowners Association, he had to comply.
Two decades after his loss in court, he decided to make his case again. This time the veteran had the support of a local politician. When the two men reached out to neighbors, the people living in the nine homes closest to the homeowner expressed complete approval for his flag. The leadership of the HOA had changed over the years as well. Residents now managed the association instead of the original developers, and they were more receptive to his request the second time around. The process went through two court appeals, but the man gained the right to display his flag without violating the standards of his community.
Persistence sometimes produces a positive outcome during an HOA dispute, and legal representation often contributes to the protection of a person's rights. An attorney could investigate the by-laws and explain property rights and local real estate law. An attorney's support could improve a person's ability to communicate a grievance or respond to accusations of violating community rules.