Senator Webb letter to HOA on behalf of Medal of Honor Winner in Henrico

Senator Webb Urges ‘Reasonable Resolution” of Homeowner Association Dispute Involving World War II Veteran’s Display of American Flag
December 3, 2009

Washington, DC – Senator Jim Webb (D-VA) today sent a letter to the legal representative, Karen S. Peterson, of the Sussex Square Homeowners Association in Henrico County to urge “reasonable resolution” of a homeowner dispute between the Association and Medal of Honor winner Colonel Van Barfoot over the installation of a flagpole in the yard of his home for purposes of displaying the American flag.

Senator Webb wrote in the letter, “As a fellow combat veteran, I hope you and the Association will consider the exceptional nature of Col. Barfoot’s service when considering his pride and determination in honoring our flag. I am pleased to join with many area citizens in expressing my concern over the action taken by the Sussex Square Homeowners Association.”

“Since it appears that Col. Barfoot’s request was denied based on subjective criteria as opposed to an explicit regulatory violation of the covenants governing the Homeowner’s Association, I would hope that your clients would exercise the discretion afforded to them to develop a reasonable resolution that would allow this distinguished combat veteran to honor our nation in a manner in keeping with the established traditions, customs and regulations governing the display of the flag of the United States of America,” wrote Senator Webb at the conclusion of the letter.

Text of the letter follows.

December 3, 2009

Karen S. Peterson
Attorney-at-Law
Coates & Davenport, P.C.
5206 Markel Road, Suite 200
Richmond VA 23230

Dear Ms. Peterson:

I have been made aware of a situation involving a dispute between your client, the Sussex Square Homeowners Association in Henrico County, Virginia, and a homeowner, Van Barfoot, a retired Army Colonel. It is my understanding that Col. Barfoot installed a flagpole in the yard of his home for purposes of displaying the American flag and that the Homeowners Association is now requiring him to remove this flag pole under threat of legal action.  I have been informed that the covenants governing this neighborhood association do not expressly forbid installation of flag poles and that the association opposed the flag pole on the grounds of its aesthetics.

I am mindful that the Association is a private entity, and I respect its right to regulate such matters. At the same time, as you are aware, Col. Barfoot served this country with great distinction, and I am very disturbed by the treatment that he received as he attempted to honor our nation by flying the American flag in the front yard of his home. The Medal of Honor is the highest military decoration awarded by the United States government. It is bestowed on a member of the United States armed forces who distinguishes himself “conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty.” As a fellow combat veteran, I hope you and the Association will consider the exceptional nature of Col. Barfoot’s service when considering his pride and determination in honoring our flag. I am pleased to join with many area citizens in expressing my concern over the action taken by the Sussex Square Homeowners Association.

Since it appears that Col. Barfoot’s request was denied based on subjective criteria as opposed to an explicit regulatory violation of the covenants governing the Homeowner’s Association, I would hope that your clients would exercise the discretion afforded to them to develop a reasonable resolution that would allow this distinguished combat veteran to honor our nation in a manner in keeping with the established traditions, customs and regulations governing the display of the flag of the United States of America.

Sincerely,

Jim Webb

United States Senator

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