Court Spares Flagpole Defender’s House

A retired Marine who has waged a five-year fight with his homeowners’ association over a flagpole won a battle Wednesday when an appeals court ruled that his home can’t be sold for lawyers’ fees.

In a 3-0 decision, the appeals court agreed with George Andres and his wife, Anna, that the Florida Constitution protects homes from forced sales except in very limited circumstances -- and attorneys’ fees are not on the list.

“I’m glad to see we were able to get the laws to do what they were supposed to,” Andres said.

A trial judge had scheduled a foreclosure sale to allow the homeowners’ association to collect more than $20,000 in fees.

The underlying dispute over the flagpole is still in trial court. Andres, 68, has been flying his flag for the last three years under a temporary injunction.

“My flag still flies and it will never come down,” Andres said.

The homeowners’ association permits flags flown only from brackets attached to house walls. Andres objected because the flag would have touched bushes in his yard. So he put up the flagpole.

Andres’ attorney, Barry Silver, said the ruling should encourage owners who are afraid to challenge their homeowners’ associations because of the belief they could lose their homes.

Attorney Steven Selz, who represents the homeowners’ association, did not return a phone call seeking comment.