Monday, July 25, 2011

Southgate HOA - Burr battle heats up

So it Goes in Shreveport has an update on the Southgate HOA/Burr lawsuit.
I had posted on the situation here, here and here.
I have received a couple of letters about the suit, I am reprinting them below (edited for language – some people are really angry over this).

Letter #1
Really, you have got to be kidding me. Bossier Gardens of SouthGate HOA would not let a sign of support for a marine in the lawns of a home owner. The
board/lawyer and everyone should be put on the most violent front-line with no weapon to defend themselves. Then if they should survive, then they can
reconsider.
This is truly the top ****** up article I have read this month.
America use to be ranked #1 in the freedom list, now they are ranked below 25 and it is because of situations and idiots running HOAs like this.
Everyone on that HOA needs to the honorable thing, resign, and move out of the HOA ... preferably (to) North Korea where that behavior is fully acceptable. I suspect painting a big "L" on their heads might be reasonable also.
Shocked at what idiotic people we have out there.

Letter #2
Way to go you ******* ****** bags!!
A south Bossier City homeowners association has sued to force a family to remove a front yard sign supporting their son's military service because it violated subdivision covenants.
The Times reports that the Gardens of Southgate filed the suit this month against Timothy and Jodi Burr, who have lived in the subdivision since 2006. The Burrs placed a large multicolored banner with a picture of their 20-year-old son, Marine Corps Lance Cpl. Corey Burr, and the phrase "Our son defends our freedom" in January after Corey Burr was deployed to Afghanistan.
Jodi Burr says her family will fight the suit and do not intend to remove the sign.
An attorney representing the association, declined to comment.
The Burrs contend signs supporting a school or team are visible throughout the neighborhood.
I hope you ******* rot in hell!

Update: Now on Fox News website

44 comments:

  1. So now people are condemned to "rot in hell" because of subdivision covenants? Did it ever occur to any of these people that they can live out in a rural area where we breathe free air and drink free water and do pretty much exactly as we please?

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  2. We have the right to live anywhere we choose, breathe free air, and drink free water because of people like thier son. Change the covenants if that is the only way for the sign to stay up. If someone put up a sign that said panther pride, would they be required to take it down?

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  3. @Kartman,

    There are school pride signs in the neighborhood as I understand it.

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  4. I have heard that too, Pat. I don't see this sign is any worse than school pride signs.

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  5. Don't forget the HOA prez is none other than Prez of Republican Women of Bossier club too. This is the kind of thing you'd expect from leftist fairness police in Berkeley or something.

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  6. Just hit FoxNews front page.

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  7. I saw a link to this on Drudge.

    1) If the president of the republican women's group is behind this then she should be asked to resign.

    2) This is a clear result of the ridiculous legal climate in our country.

    3) Their should be a law that places our individual property rights over HOA's. Unless, that is, HOA's will start paying our property taxes.

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  8. I don't see anything wrong with school signs, military son signs, or any sign that any property owner puts up on his own private property.

    And because I believe in private property rights, I would never purchase property with deed restrictions or in a subdivision with covenants.

    The Burrs are getting what they paid for--a home where they can't do as they durn well choose.

    This effort is futile, as such covenants are always upheld by the courts and the Burrs, or hopefully their supporters will have to pay all of the court costs of the HOA. The law does not change just because the people writing these letters know how to cuss.

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  9. My first response to Anon 5:47 is that an effort to fight for freedom is NEVER futile.

    Secondly, the purpose of HOA's are to protect home value and I would argue that though initially the Burr's may lose this fight in court, the homeowner's will lose as HOA's will receive a black eye. With an HOA like that, who would consider buying a house in that subdivision.

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  10. As I just said, I would never purchase property in Southgate or ANY subdivision with covenants or deed restrictions.
    But you are quite wrong in thinking that this publicity will harm the property values there.
    The people who want to live in such restricted neighborhoods will be very impressed with the HOA standing up for the covenants and restrictions in the face of pressure.

    The people fighing these covenants will end up not only paying their own lawyers but all of the legal expenses of the HOA. The courts are not going to choose the side that can cuss the loudest when they tell the people on the other side to "rot in hell". The law is clear, and that is the way it will be.

    The money could be used to build a monument to honor veterans on public property in Bossier City, in a park or some such place. But it is not my money, I am just watching with amusement how people think they are honoring military service by cussing out those with whom they have disagreement and telling them to "rot in hell".

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  11. Pat - those aren't supposed to be there either. All the signs ought to be down if that's the rule - it's the family that brought the first lawyer into it. Why not spend more time trying to change covenants instead of make a big national deal out of it?

    I live in an HOA where the signs are allowed - and if not allowed I'd abide by it until I encouraged the fellow members to change the rules.

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  12. This comment was left on the Fox News story comment section (one of almost 1100 now):


    Quote of the Day : ""When you men get home and face an anti -war protester, look him in the eye and shake his hand. Then wink at his girlfriend, because she knows she is dating a p u s s y."

    - General Tommy Franks, Operation Iraqi Freedom 1

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  13. I bet this HOA is secretly sending funds to the mosque at ground zero.

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  14. @Clint,

    The family tried to meet with the HOA to change the covenant and the HOA wouldn't respond to their request. The Burrs didn't try to make a national case of it; that came on its own when the HOA refused to respond to their numerous requests for a meeting. The HOAs only contact with the Burrs besides the demands to take the banner down was to send an active duty service member who serves on the board to meet with them.

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  15. Jeremy HarringtonJuly 25, 2011 at 8:09 PM

    As a service member it shames me to see this. Call me biased, but you have a young man who elected to join the service and fight for his country. The funny thing is if the United States were to be invaded, who in the hell does this home owners association think would protect their precious little community.

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  16. As a former Marine I would be more than happy to come carry that banner around the streets of that neighborhood so it won't be in their yard, making sure to stand in front of the HOA members houses. Or at least come stand guard for a brother Marine to prevent its removal. HOA's have never done anything to maintain property values. They just seem to be a bunch of wanna be politicians

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  17. Thanks for that update Pat - I wasn't aware that a meeting was refused. I could understand if they gave a reason I guess. I appreciate it.

    However - I still have to understand that the membership of the HOA (which is most likely every neighbor in the neighborhood) has the ability to vote their board out and get all this stopped - but they've got rules. You can show your pride in multiple ways.

    Everyone on here calling those HOA folks names and such - if your neighbor decided to blare the star spangled banner loudly all day and night - would you like to be called names and a traitor and such when you asked them to please respect the rules and turn down the music? A grandiose example, for sure, but relevant.

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  18. Pat, why don't you publish the by-laws of the HOA and point out how the officials of the HOA violated those by-laws in refusing any meeting that the Burrs tried to set up.

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  19. Hit TheBlaze.com last night.

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  20. JC great idea. The streets & sidewalks are public property & the HOA couldn't have a say in that. It's a shame that little minds w/a Hitler complex can run a futile association & get it's jolly's by demanding things of it's homeowners. Last time I looked we were still in the USA!!

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  21. "And because I believe in private property rights, I would never purchase property with deed restrictions or in a subdivision with covenants."

    bingo.

    you don't have to google far to find similar examples of HOA dumbassery. HOA's are great if your an uptight busybody who wants every house to look the same. (or, to say the same thing another way, the type of person who would be the head of the republican women of bossier club.) even so, everyone who lives in one of these sterilized "communities" made a fully informed CHOICE to live there. despite all the self-righteous shouting, that's all this case is about.

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  22. Maybe the placing of signs (supporting the schools etc.)that were there in the neighborhood before the one supporting the Marine violate the terms of the HOA agreement to the point that the restriction is no longer valid. However, I agree that once people buy into a neighborhood like this then they agree to the rules. It is south bossier after all, we should all be excited so many people can read the signs.

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  23. I don't understand all of the hullabaloo. Are the Burrs being held hostage in this subdivision, or did they choose to live in such a place of their own free will? Sounds like they want to eat their cake and have it too.
    All of these people are trying to practice situational ethics. If it is alright to violate the rules as long as the situation justifies it, then everybody will think they have justification and rules will never be of any effect. All of you people are practicing relativity because you like the message on the sign.

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  24. If that is the case, then the HOA is practicing situational ethics too. They have allowed Parkway Panther signs, etc. in the neighborhood. From what I can see, they singled this one out for attention.

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  25. Jim - is it not about the size of the sign too?

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  26. Clint, my understanding is that the Burrs were willing to get a smaller one, but that the HOA wouldn't respond to their requests for a meeting.
    I will re-read the suit and see if an answer has been filed, that might shed some light.

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  27. Contained in the answer to Southgate HOA's petition is the following (the Burrs are represented by Lane Pittard).

    "The Plaintiffs have generally abandoned the restriction contained in the covenant as found in Article VI, Section 9, by the placement of “signs” on homeowners properties throughout the subdivision. Upon information and belief, the Plaintiffs have taken no action to curtail the continued placement of “signs” in the subdivision on these properties. Further, the actions of Plaintiff in seeking the removal of the banner placed by the defendants is selective and disparate enforcement of its covenants.
    Futher, the actions of the Plaintiff herein are in direct violation of the freedom of expression granted to the Defendants pursuant to Article 7 of the Constitution of the State of Louisiana, and the 1st amendment of the constitution of the United States."

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  28. I think that Pittard will do a good job and the banner will remain up. I have a good friend in the subdivision who supports the Burrs 100%.

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  29. There are probably a thousand things that the Burrs could have done to support, honor, and boast about their son's military service without violating covenants under which they own their home.
    But none of those other ways to honor their son would have gotten them national publicity.

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  30. I think it's getting Gardens of Southgate HOA a lot more national attention than the Burrs themselves are receiving.

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  31. I cannot believe that some people think this family is wrong supporting their son this way, especially after other signs have been allowed. If this was the first time any sign had been put up and the hoa objected, I could understand their point. All reports that I have heard indicates other types of signs are ok.

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  32. Go to this page and show your support for the Burr Family!! Lets get this all over the place.

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  33. We had a situation like this here in Virginia a while back - you folks may have read about it. The stupid HOA decided that a WWII Medal-Of-Honor winner couldn't have a flagpole (with American Flag) in his front yard. He raises it every morning and takes it down every night (the flag - not the pole). After much hoo-haa, the HOA finally decided to allow the old boy to keep his flagpole and flag. If I were the Burrs O would start a petition in the neighborhood to see exactly how many of their neighbors object. I would wager very few if any.

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  34. Anon @ 10:06:

    I think you're on the right track. If they'd do this that would be just like getting the majority required (most likely) in their by-laws to change the rules. Probably lots cheaper than lawyers.

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  35. I just think this whole situation was handled poorly on both sides. I just wonder if the parents have asked their son what he thinks about the situation.

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  36. It will be interesting to see if the judge upholds the law or bows to public opinion.

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  37. How is this possible , he is fighting for our FREEDOM and OUR Rights This HOA is way out of line.Give the family a break, As a US MARINE from the veitnam era I say go to hell HOA
    SEMPER FI COREY and your family

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  38. Grace’s Place in America
    Sung to Amazing Grace (if anyone still knows that one.)
    Amazing Grace where we began,
    You’re no longer wanted here,
    If faith requires us to perspire,
    Then it’s not welcome here.

    The Marine’s mom to show her love,
    She made and hung a sign,
    But her neighbors came to cause her shame,
    “That sign will not endure!”

    The leaders in our government,
    No longer seek your will,
    They’re content to rely on their own smarts
    So different from the start.

    Our Savior’s name cannot be said,
    In schools throughout the land,
    So there’s no need for you to go
    There when you come again.

    We hate to see this change and hope,
    Destroy Your work with man,
    I know this was not Your intent,
    When You included us in Your plan.

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  39. its just a sign they should let freedom ring

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  40. A good marine and his family follow the rules. They don't use the excuse that other people violate the rules.

    Follow the rules and take down the sign, or move.

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  41. We are a military family, and at first I was appalled that someone would be sued because of the sign; however, history and life teaches us that there are always two sides to the story. I feel like there is more to this...and we are only hearing one side. Let's refrain from jumping on a bandwagon until all the facts are out. Put your energy into supporting the troops over there fighting and dying for your freedoms, and less energy fighting about a sign.

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