Thursday, September 13, 2007

Homeowners wave victory flag after accord in pole flap

JUPITER — After seven years, residents George and Ann Andres can fly the American flag the way they want - and not lose their home in the process.

According to their attorney, Barry Silver, the Andreses and their homeowners association have settled most of their differences in the flag pole war that put the Indian Creek community on the national map.

The battle erupted in 1999, when Korean War veteran George Andres began flying his flag on a 12-foot pole outside his townhouse, instead of hoisting it to brackets on the outside of their home, like his homeowners association said he should.

The association eventually took Andres to court for breaking its rules, and the two have been battling it out ever since with attorneys.

On Tuesday and Wednesday, attorneys for both sides filed paperwork in Palm Beach County Circuit Court to settle several cases stemming from the dispute.

The association agreed to pay a portion of Silver's fees, using the rest to go toward waiving violation fees filed against the Andreses, according to a news release.

The fines had piled up so high - to the tune of $35,000 to $40,000 - that the association moved to foreclose on the couple's home to make up the money.

The one matter still outstanding is Andres' claim for attorney fees in the case where the retired electrician won a temporary injunction to use the pole to fly his flag.

George Andres, 71, said he would celebrate the settlement by simply going out to dinner with his wife.

"What else am I going to do? I got my flag flying and it's going to stay flying, that's all that counts," he said.

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