Ruling imperils flag-flying vet's home

WEST PALM BEACH - A Jupiter Marine veteran who violated neighborhood association rules by flying an American flag from a 12-foot pole in his yard could lose his home next month so the association can collect legal fees he owes, a judge ruled.

George Andres vowed to appeal the latest ruling in a legal saga that has spanned more than three years and drawn support from Gov. Jeb Bush and Attorney General Charlie Crist.

Spurred by Andres' situation, the Legislature last year passed a law allowing people to fly the American flag regardless of homeowner association rules, and Bush brought Andres a flag that had flown over the state Capitol and helped him raise it on the flagpole. But Circuit Judge Edward Fine ruled in March that Andres still must pay the homeowners association's legal fees as a result of its earlier court victory on the issue.

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 Fine agreed to reconsider his order authorizing the foreclosure. The Florida Attorney General's Office argued that Andres' home was constitutionally protected under the state's homestead law from foreclosure by a homeowners association. But Fine rejected the argument.

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.

The Indian Creek Phase 3B Homeowners Association permits flags flown only from brackets attached to house walls. Andres objected because the flag would have touched bushes in his yard.

West Palm Beach attorney Steven Selz, who represents the homeowners association, said he hopes Andres decides to reach a settlement rather than face losing his home, which is scheduled to be auctioned on Oct. 9.

Boca Raton attorney Barry Silver, who represents Andres, said he would file an appeal. Mediation has failed, while the attorneys' fees continue to pile up for both sides.

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