I hate Homeowners Associations.......

sarettah · 09-12-2003

http://www.sun-sentinel.com/news/local/sou...-home-headlines

Jupiter homeowner faces foreclosure for flying U.S. flag
By Peter Franceschina
Staff Writer
Posted September 11 2003

Defiant flag flier George Andres once again is facing the prospect of losing his Jupiter home after a Palm Beach County judge ruled Wednesday that his homeowners association could go forward with a foreclosure sale next month to collect legal fees.

Andres, a Marine veteran, said he was worried about losing his home, but he vowed to appeal the latest ruling in a legal saga that has spanned more than two years.

"We are going to fight," Andres said.

It is the second time in recent months that Andres' home has moved toward the auction block. He was granted a reprieve in May when Circuit Judge Edward Fine agreed to reconsider his order authorizing the foreclosure.

The Florida Attorney General's Office stepped in and argued that Andres' home was constitutionally protected under the state's homestead law from foreclosure by a homeowners association attempting to collect a legal debt.

Andres' homeowners association prohibits flagpoles, and Andres has a 12-foot flagpole in his front yard. Another judge ruled that Andres didn't have a right to put up the flagpole, and the association filed a lien on the property to collect roughly $21,000 in attorneys' fees and legal costs expended in winning the case.

Fine rejected the argument from the Attorney General's Office and issued a ruling Wednesday that found the association's right to file a lien against the property was established in 1982, when its covenants and bylaws were recorded in land records, six years before Andres purchased his home.

Last edited by sarettah at Sep 12 2003, 06:04 AM

09-12-2003	#1
sarettah Stay Out Of The Box Want to see your own Advertising Here! Join Date: Oct 2002 Location: Lost in the ozone Posts: 10,318	http://www.sun-sentinel.com/news/local/sou...-home-headlines Jupiter homeowner faces foreclosure for flying U.S. flag By Peter Franceschina Staff Writer Posted September 11 2003 Defiant flag flier George Andres once again is facing the prospect of losing his Jupiter home after a Palm Beach County judge ruled Wednesday that his homeowners association could go forward with a foreclosure sale next month to collect legal fees. Andres, a Marine veteran, said he was worried about losing his home, but he vowed to appeal the latest ruling in a legal saga that has spanned more than two years. "We are going to fight," Andres said. It is the second time in recent months that Andres' home has moved toward the auction block. He was granted a reprieve in May when Circuit Judge Edward Fine agreed to reconsider his order authorizing the foreclosure. The Florida Attorney General's Office stepped in and argued that Andres' home was constitutionally protected under the state's homestead law from foreclosure by a homeowners association attempting to collect a legal debt. Andres' homeowners association prohibits flagpoles, and Andres has a 12-foot flagpole in his front yard. Another judge ruled that Andres didn't have a right to put up the flagpole, and the association filed a lien on the property to collect roughly $21,000 in attorneys' fees and legal costs expended in winning the case. Fine rejected the argument from the Attorney General's Office and issued a ruling Wednesday that found the association's right to file a lien against the property was established in 1982, when its covenants and bylaws were recorded in land records, six years before Andres purchased his home. Last edited by sarettah at Sep 12 2003, 06:04 AM __________________ Free Adult Webcams