Couple in court over flagpole
Courtesy of The Myrtle Beach online.com
-- the Sun News
Heritage Plantation couple who were fined $27,575 for putting up a flagpole will
take their case to the state Appeals Court on Wednesday, seeking a new trial.
Paone and Janice Paone were also directed to pay $15,054.83 for the plantation
homeowners association's legal fees and costs.
fine is egregious and not supported by the evidence, said Mark Bunty, the Paones'
attorney. Richard Lovelace, attorney for Heritage Plantation, could not be
County Master in Equity Ben Culbertson ruled in favor of Heritage Plantation
Homeowners Association in a non-jury trial.
said the fine is an example of how some homeowners associations abuse their
power, but he does not expect the case to break new ground. The Paones just want
a new trial, he said.
condominium regimes have fined residents for flying flags and erecting flagpoles
in recent years, prompting legislation that assures residents the right to fly a
the Paone case was not of that nature, Bunty said. Heritage, a gated community
on the Pawleys Island mainland, allows flagpoles. In this case, the dispute is
over whether the homeowners association approved the Paones' flagpole.
said it was on the site plan submitted to the association, but the homeowners
association said it was not. When the Paones put up the flagpole, the
association protested because it was in the center of a circular driveway.
position made the house look like an administrative building, the association
told the owners, Bunty said. Other houses have flagpoles at the sides of the