Resident and HOA Flagpole Dispute

San Antonio HOA Lawyer Trey Wilson wrote:


As reported by Cindy George of The Houston Advocate,  HOA's and residents of the communities they manage can be disagreeable and destructive.  Ms. George reported that The Forrest Lake Townhouse Association sued homeowner, Billy B. Martin, over a flagpole on a cantilever on his porch.  Houston police had to intervene to resolve the conflict.

Mr. Martin claimed he was targeted by the HOA because of a recent complaint he made about a tattered flag at the clubhouse.  He said that after that incident and after it was replaced, he was told he must remove his flag  or risk a $200 per day fine for attorney and civil damages, because it was "infringing on the common area."  Mr. Martin disagreed with the HOA's assessment and refused to remove the display.  The HOA sought a permanent injunction in December.  At that point, Mr. Martin began displaying his flag upside down in protest.

The lawsuit claims that the pole is "a violation of the general scheme and plan for the development and building in the subdivision," and that his "actions are intentional and/or negligent invasions" into the property owned by the HOA & its members.  The petition also claims that  the display "substantially interferes with their use and enjoyment of the land and it is unreasonable under the circumstances."