A HOMEOWNER is refusing to take down a religious flag with a deeply personal meaning despite being threatened with a $100 per day fine.
He’s at war with his homeowners’ association but isn’t backing down even after a flurry of letters and the looming fines.
Hector Gonzalez is at war with his HOA over a religious flag in his yardCredit: First Coast News
The flag says ‘Jesus Returns’ and it has a deeply personal meaning to himCredit: First Coast News
He also placed a sign on his fence with the same messageCredit: First Coast News
The HOA said the flag has to come down because it breaks neighborhood rules
Hector Gonzalez said he put the flag up in the backyard of the home he shares with his mother a month ago.
Emblazened on the flag are the words “Jesus returns” and he hung a sign with the same message on it on his fence.
“It’s an important message,” he told local ABC affiliate WTLV.
He said it reflects his faith and the grief that brought him to it.
“About 16 months ago, my son died. He was 4 years old,” Gonzalez said.
“That night, I fell to my knees. I didn’t believe in God, but something changed.”
But soon after the flag went up, Gonzalez began receiving letters from his HOA.
“They said we had to remove the sign. Of course I ignored it,” Gonzalez said.
“Then they threatened to fine us $100 a day and finally they came to our home.”
The standoff is unfolding in Jacksonville, Florida, within the Sutton Lakes Homeowners Association.
The HOA cited neighborhood rules in their reasoning for demanding the flag be taken down.
“Architectural Miscellaneous – Signs in the backyard need to be removed,” they wrote in one letter.
“The covenants prohibit signs; No signs shall be displayed on any residential lot except for ‘For Rent’ or ‘For Sale’ signs.
“PLEASE REMOVE IMMEDIATELY.”
NEW LAW
In 2023, Florida Governor Ron DeSantis signed a law allowing homeowners to display certain flags regardless of HOA rules.
That includes American, state, military, POW-MIA, and first responder flags.
WTLV spoke with a legal expert who said the homeowner won’t have a strong argument against the HOA.
“An HOA is not a state actor so they’re not subject to the First Amendment,” said Ryan Moore, an attorney with First Coast Consumer Law.
“Your right to free speech is not governed in an HOA scenario. You’re going to be governed by their rules and regulations.”
Moore said homeowners do have some legal options if an HOA isn’t following its own policies.
“If the HOA is in violation of its own rules then, yes, there is a potential for a lawsuit there,” he said.
But he warned that suing an HOA is essentially suing yourself since you’re part of the association.
Despite the dispute, Gonzalez said neighbors have been supportive.
“They’re not unhappy with it. The only people who seem to be unhappy with it is the HOA,” he said.
And he got some relief after talking with WTLV.
The HOA told the news outlet no fines are being enforced at this time because Gonzalez’s mother, the legal homeowner, has been cooperating with the association.