A HOMEOWNER is refusing to take down a religious flag with a deeply personal meaning despite being threatened with a $100 per day fine.
He’s at war with his homeowners’ association but isn’t backing down even after a flurry of letters and the looming fines.
Hector Gonzalez said he put the flag up in the backyard of the home he shares with his mother a month ago.
Emblazened on the flag are the words “Jesus returns” and he hung a sign with the same message on it on his fence.
“It’s an important message,” he told local ABC affiliate WTLV.
He said it reflects his faith and the grief that brought him to it.
“About 16 months ago, my son died. He was 4 years old,” Gonzalez said.
“That night, I fell to my knees. I didn’t believe in God, but something changed.”
But soon after the flag went up, Gonzalez began receiving letters from his HOA.
“They said we had to remove the sign. Of course I ignored it,” Gonzalez said.
“Then they threatened to fine us $100 a day and finally they came to our home.”
The standoff is unfolding in Jacksonville, Florida, within the Sutton Lakes Homeowners Association.
The HOA cited neighborhood rules in their reasoning for demanding the flag be taken down.
“Architectural Miscellaneous – Signs in the backyard need to be removed,” they wrote in one letter.
“The covenants prohibit signs; No signs shall be displayed on any residential lot except for ‘For Rent’ or ‘For Sale’ signs.
“PLEASE REMOVE IMMEDIATELY.”
NEW LAW
In 2023, Florida Governor Ron DeSantis signed a law allowing homeowners to display certain flags regardless of HOA rules.
That includes American, state, military, POW-MIA, and first responder flags.
WTLV spoke with a legal expert who said the homeowner won’t have a strong argument against the HOA.
“An HOA is not a state actor so they’re not subject to the First Amendment,” said Ryan Moore, an attorney with First Coast Consumer Law.
“Your right to free speech is not governed in an HOA scenario. You’re going to be governed by their rules and regulations.”
Moore said homeowners do have some legal options if an HOA isn’t following its own policies.
“If the HOA is in violation of its own rules then, yes, there is a potential for a lawsuit there,” he said.
But he warned that suing an HOA is essentially suing yourself since you’re part of the association.
Despite the dispute, Gonzalez said neighbors have been supportive.
“They’re not unhappy with it. The only people who seem to be unhappy with it is the HOA,” he said.
And he got some relief after talking with WTLV.
The HOA informed the news outlet that fines are currently not being imposed as Gonzalez’s mother, who is the legal homeowner, has been working collaboratively with the association.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
