‘No one fights harder,’ says veteran after HOA banned him from flying US flag – but board said issue was something else

VETERAN Michael Pereira was furious when his HOA came after the American and Marine Corps flags outside his home, and he was prepared to put up a fight.

Although Texas homeowner Michael Pereira took offense to the attack on his patriotic display, the issue involved something other than his flags.

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Pereira, a Marine Corps veteran from Rosenberg, Texas – 30 miles southwest of Houston – was ready to take a stand against the HOA in his Kingdom Heights community when notified of the issue.

“If they’re going to take them down, it’s going to be a fight to take them down, and no one fights harder than a veteran combat Marine,” said Pereira, per local NBC affiliate KPRC-TV.

The Corporal said he would have died for the American and Marine Corps flags exhibited at the front of his home.

“They represent this country. They represent a brotherhood I was a part of,” he said, crediting his years in the military for changing his life.

Pereira served in the Marine Corps from 2002 to 2009, always keeping in mind those he served alongside.

The veteran displayed the flags to “show respect for all the people I went to war with and the ones that didn’t come back,” Pereira said.

“I got to take them down every night and put them up every morning,” he added, referencing the flag etiquette rule of taking military flags down at night unless properly illuminated.

Despite following flag rules, the veteran was shocked to find out he wasn’t adhering to HOA rules.

“I’m guessing somebody didn’t like it or someone reported it or something because I got a call from the property manager who works for the Homeowner’s Association asking me to take them down,” he said.

Pereira’s wife shared the situation on their neighborhood’s Facebook page, which received over 100 comments in the first hour in support of the veteran.

“It doesn’t bother me. I think it’s kind of silly to have someone take down their flags – especially if he fought for the country,” said Ashley Johannsen, the couple’s neighbor.

Pereira asked the property management representative for an exemption to the rule and was informed that he would have to fill out a construction modification request and send it to the HOA.

“If they don’t get those rules changed, I’m going to start a petition to get the rules changed,” Pereira said.

HOA RESPONDS

Although the veteran was ready to defend his American and Marine Corps flags until the end, it turned out that the flags themselves were not the problem.

The issue was the 20-foot flagpoles Pereira had in front of his home, not the flags.

The veteran failed to submit plans or seek approval before installing a flagpole on both sides of his driveway, according to Terry Sears, one of the neighborhood HOA’s attorneys.

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.

“We are certainly not opposed to the flying of an American flag or Marine Corps flag outside one’s home, but we do request that any homeowner wanting to install a flagpole (or any structure outside of one’s home) to follow the rules and applicable law,” the attorney said in a statement.

“The problem is that one of the poles is in a utility easement, both poles are within the 25-foot building setback line and the restrictions (and Texas Property Code) only allow for the installation of one flagpole,” he added.

He noted that the HOA had reached out to Pereira regarding the situation and was willing to work with him to relocate one of the poles.