Community Corner

American Flag Flack

Cumming resident faces off with HOA over placement of the American flag.

Shane Eversole loves the U.S.A. and over the years he has shown his patriotism toward his country in one way or another. He’s been surrounded by the military most of his life. His father served for 30 years, he served as a U.S. Marine in the mid-1980’s and his father-in-law fought in the Korean War.

In addition to his prior service, Eversole also shows his patriotism by displaying two American flag buntings. These are draped over his home's front porch railings in the Westbrook subdivision in Cumming.

The buntings have been displayed on the porch for an “extended period of time,” according to Eversole. He and his wife have been living in their home since 2007. They never had any issues with neighbors or the Homeowner’s Association about the buntings, until now.

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On Friday, Feb. 11, the Eversole’s received a letter by Homeside Properties, (the company that currently manages Westbrook Property Owners Association), stating that they were in violation of the subdivision’s architectural standards. The letter went on to say “To correct this violation: Please remove the draped flags on the front porch railings or obtain ACC (Architectural Control Committee) approval.”

Eversole doesn’t feel the need to get approval by the ACC because the buntings have been on his porch for some time.

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“…There’s never been anything that’s come about with regards to it. There are other people that are not having anybody request flag removal or anything. So I didn’t feel it was necessary to obtain approval.”

Eversole was offended by Homeside’s letter and responded with one of his own stating that, “I apologize for showing that I am Patriotic!”

“Because of the subject matter of trying to genericize, that it would be the same as any other type of flag other than a representation of the U.S. It was offensive, at first,” said Eversole. “The same as if they would have been if I was hanging up a college, or a pro team, or something that was probably not appropriate, they treated it in the same vein.”

On Mon. Feb. 21, the property management company responded in an e-mail to Cumming Patch and Eversole explaining their responsibilities to the HOA and stating, “Homeside Properties and Westbrook Property Owners' Association in no way has any intent to restrict or limit an individual’s right to properly display the flag as provided in the attached Freedom to Display the American Flag Act of 2005. That being said, based on the attached Act and pictures you are not properly displaying the American flag and must remove the items shown on this picture and properly display the American flag as provided by law.”

In an interview with Cumming Patch, Carol Piering, spokesperson with Associa, (the company that owns Homeside Properties) said, “Westbrook Association does believe strongly in America’s freedoms and is absolutely supportive and respectful of all our troops in the Armed Forces. In fact Westbrook has encouraged homeowner’s to display the American flag.”

But in the case of Eversole’s display of buntings, Piering said, “In order to keep a consistent look in the neighborhood, to preserve it, to maintain it, the Westbrook board (currently under developer control) has specified in its governing documents that only actual flags be displayed, as oppose to what is being called a banner.”

However, she did mention the board is open to listening to recommendations from the homeowners.

“The board has the best of intentions to helping preserve and maintain this developing community. They want to make sure things are consistent and beautiful to help the homeowner’s preserve their investment. So I think the best of intentions are here,” added Piering. “For now the violation letter was sent because the banner isn’t a flag.”

According to what is written in the violation letter Eversole is aware that he is breaking the rules.

“The way that I look at it, is what it (the violation letter) represents and from a representation standpoint, I think that it’s inaccurate,” said Eversole.

He believes the display of buntings on his front porch is a positive action.

“At the end of the day it’s a positive, it’s encouragement, it’s productive and I don’t think it’s a bad thing to show that you are patriotic and that you believe in this country,” added Eversole.

Editor’s Note: The buntings on the Eversole’s porch, by definition terms, are not referred to as banners (see here).


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