VOLUSIA COUNTY, Fla. – A homeowner in Volusia County is embroiled in a legal dispute with his homeowners association over the unauthorized installation of a flagpole in his yard.
The lawsuit, filed by the Countryside Homeowners Association in April, accuses the homeowner of breaching community regulations by erecting the flagpole without prior approval. Situated on the 900 block of Forest Glen Drive in Port Orange, the flagpole has become a point of both local interest and legal contention.
“I see the flagpole every day and think this situation is unjust,” remarked neighbor Robert Sabatino, who contacted News 6 after discovering through the HOA’s newsletter that the homeowner is facing a $1,000 fine and a court case.
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“It’s not even my flagpole,” Sabatino said. “I just felt it was completely unfair.”
Sabatino said he hadn’t met the neighbor before but was compelled to speak up after learning about the fine. He cited a 2023 Florida law that he believes protects homeowners’ rights to display American flags.
“A flagpole is legal in Florida, especially with the new law last year,” Sabatino said.
According to News 6 legal analyst Steven Kramer, Florida law is generally favorable toward homeowners who want to express patriotism, including through flag displays.
Kramer also said it’s very important the Port Orange flag fits the state’s size requirements. Otherwise he says the homeowner could face an issue.
“If you look at the plain text of the Florida law, it is very deferential to homeowners expressing their First Amendment rights,” Kramer said. “Unless this flag is in some easement, or setback, or restricted area, I think that is going to be a very difficult argument to prevail upon.”
However, Kramer noted the lawsuit could hinge on procedural issues.
“There may be an argument that the HOA can put forward that it’s not about whether a flag can be flown, but about whether the homeowner followed the proper steps to erect a flagpole,” he said.
When asked how he’d like to see the case resolved, Sabatino said the answer is simple: “Just drop the case.”
News 6 reached out to the HOA’s attorney, who declined to comment, saying he only discusses cases with clients and in court.
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