Article Courtesy of Sun Sentinel
By Patty Pensa 
Posted May 2 2003 

Florida Attorney General Charlie Crist on Thursday intervened on behalf of a former Marine whose homeowner association is trying to foreclose on his home to collect legal fees in a more than 3-year-old flag dispute.

Crist, in a motion filed in Palm Beach County Circuit Court, argued the Indian Creek Phase 3B Homeowners Association in Jupiter is trampling George and Anna Andres' homestead rights.

"It's a case about freedom," Crist said. "He and his wife have the right to proudly display the American flag."

Crist, who met with Andreses last year, said he hopes his motion will persuade the judge to rehear the case. He argues the $20,000 association-imposed lien was not for taxes, repairs, improvements or labor that benefited the property, but to pay association lawyers.

"Homestead rights in Florida are very strong," Christ said. "The strength of that argument should carry the day ... and lead him to justice."

The homeowners association allows flags flown from wall brackets attached to homes. Association members say the dispute is over the flagpole, while Andres, 66, has maintained he has a constitutional right to fly the flag from the pole.

Andres' attorney, Barry Silver, filed a parallel motion in circuit court Wednesday. He also said the homeowner association cannot collect legal fees by selling Andres' home.

"They are attempting to leave George and Anna Andres penniless, homeless and destitute because they flew the flag," Silver said.

Silver said he was thrilled Crist decided to involve his office in Andres' case. The Legislature last year passed a bill allowing people to fly a removable flag "in a respectful manner" regardless of homeowner association rules.

On Flag Day last year, Gov. Jeb Bush delivered an American flag to Andres that had flown over the Capitol and helped him raise it amid cheering neighbors.

"It's a tremendous benefit to have the top legal office in the state advocating your position," Silver said. "The Legislature is already with him, the executive branch is on his side, and now the judicial branch. Certainly that is compelling evidence that George is right."

Crist filed a motion in Palm Beach County Circuit Court on Thursday, saying that the George Andres' rights are being violated by the Indian Creek Phase 3B Homeowners Association, which has objected to Andres' use of a flagpole. The association permits flags to be flown only from wall brackets attached to homes.

"It's a case about freedom," Crist said. "He and his wife have the right to proudly display the American flag."

Circuit Judge Edward Fine ruled in March that the homeowners association could proceed with foreclosure to collect $21,000 in legal fees that Andres, 66, owes them.

A foreclosure hearing has been scheduled for May 22, Andres said.

"It's absolutely ridiculous," Andres said. "We're going to keep fighting."

Crist said he hopes his motion will persuade Fine to rehear the case.

"Homestead rights in Florida are very strong," Crist said. "The strength of that argument should carry the day ... and lead him to justice."

A circuit judge ruled in 2000 that he had to remove the pole and fined him $7,400 when he violated her order. The order was upheld by an appeals court. The homeowners association also filed a lien against Andres' house for the legal fees it said he owned them.

Andres' plight attracted attention in Tallahassee, where the Legislature passed a law allowing people to fly the American flag regardless of homeowner association rules.

On Flag Day last year, Gov. Jeb Bush presented Andres a flag that had flown over the state Capitol and helped him raise it on the flagpole. But the new law apparently did not help Andres in the foreclosure case because it was passed long after the lien was placed on his house.