HOWELL - Ever since the local homeowner’s association denied Mike Burtt's request to install an American flag pole in his front garden, the Vietnam veteran has taken matters into his own hands.

He removed a smaller flag pole that had been attached to his house — which he says kept falling off — and stuck it in the ground out front, essentially creating a makeshift flagpole. He has also challenged the HOA denial, citing a federal law he contends gives him the right to erect a permanent flagpole and suggested letting residents vote on the issue.

“I feel as an American I have a right to display a flagpole. I never thought I would have to fight someone to do this,” said Burtt.

He adds he wants to show his pride daily by raising a flag in front of his home inside the Equestra at Colts Neck Crossing gated community.

But his local homeowners’ association won’t let him. It contends his request to place a flagpole on his property violates association rules and has issued a denial.

A retired Jersey Central Power & Light employee, Burtt, 72, initially placed a flag on the siding of his home in May, as other neighbors have done, but it would not hold. He said wind also often knocked it down.

He approached the homeowners' association, to which he pays a $320 annual fee, about getting permission to install a 10-foot flagpole in a small garden area in front of his house.

In addition to making it easier for him to raise the flag each day and avoid the pole falling off the house, Burtt said he also wanted to be able to fly the flag at half-staff to honor a death.

“As a veteran I should be able to fly the flag and I should be able to put it at half-staff,” Burtt said during an earlier interview. “It is very important to me because we only do it for public officials and those who died in the line of duty. I felt that we should show respect for these guys, they are the heroes who gave us our freedom that we have today.”

Burtt said he was told by the homeowners’ association in April that he would need to gather at least 120 signatures of residents on a petition to receive possible approval. He gathered 164 signatures just to be sure, including two of the five members of the homeowners’ association board.

He took the petition and his formal request to the homeowners’ association meeting in May and was told they would consider it. On June 18, he received a two-paragraph rejection email.

“The Board of Directors discussed your petition requesting a policy amendment allowing homeowners (to) install a 10’ flag pole in the garden bed outside the front of their home to fly the American flag,” the email said, in part. “At this time the Board feels this type of modification is not conducive for this community and is not in favor of a policy change.”

The email went on to point out that the current policy allows flags attached to a house. The association also maintains its own flagpoles, including at three entrances.

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Burtt said he has been in touch with an attorney and did some research, finding a federal law he contends backs up his claim. He cites the Freedom to Display the American Flag Act of 2005, which states that an HOA “may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.”

He said he approached Donna Barbour, the Equestra at Colts Neck Crossing HOA community manager, on July 22 with the legal defense. She is the same person who had sent the earlier denial.

“I went up there and gave them the law that says I have the right to fly the American flag, but they have the right to say what the height can be,” Burtt recalled.

He said a week went by and he received a lengthy email on July 31 repeating the denial, but offering a three-part compromise. It included installing a new flagpole in another area of the community, forming a flag pole committee to oversee it, and helping Burtt find a stronger bracket to keep the flag attached to his home.

It also set a 15-day deadline for Burtt to either remove the flag he put in the front garden or engage in a dispute resolution program.

“Accordingly, the Association requires a response by you, either in the form of your agreement to the Association’s offer or by the removal of the temporary flag pole from your landscaping bed, within fifteen days of receipt of this letter,” the email said.

Barbour did not respond to a request for comment. But Ilene Jablonski, vice-president of marketing for First Service Residential, which operates the gated community, stated in an email: "Thank you for reaching out. I understand that you saw the letter that was sent to Mr. Burtt. Please understand that we were communicating the decision and offer of the board. It is not our place to comment on the matter."

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Burtt said he has no plans to comply with any of the requests and stands by his rights. He said he will seek to participate in the dispute resolution.

“I will go and have this meeting with them and tell them that I interpret the law this way and I have the right to do this,” he said, adding that the other portions of the offer are “just a way to tease me and end this.” He later said, “to spend our money to put a flagpole somewhere else is totally ridiculous.”

Burtt said he would agree to have residents settle the matter with a vote, something he said was done in 2018 to end a dispute over commercial vehicle parking.

“I would want the whole community to have a vote on this because I think I have enough that would do it,” Burtt said.

Joe Strupp is an award-winning journalist with 30 years’ experience who covers education and Monmouth County for APP.com and the Asbury Park Press. He is also the author of two books, including Killing Journalism on the state of the news media. Reach him at jstrupp@gannettnj.com and at 732-643-4277.