HOA flag flap ends in accord
A Loveland man removed a controversial sign from his front yard Thursday more than a month after he constructed the billboard to criticize his neighborhood’s homeowners association.
But Rich Stephens, the resident, did so with a promise from the Alford Meadows Community Association that it would never again harass him over a wooden pallet painted to resemble a colonial American flag hanging from the side of his house on the corner of West 50th Street and Crabapple Drive.
The association’s original complaint was about that very yard decoration.
When the HOA requested Stephens and his wife, Colleen, remove their wooden flag, the couple stood their ground and erected the sign in their front yard, conveying the message “If you are considering buying a home in Alford Meadows, you may want to reconsider… You could be the next target of the HOA!”
The association retained an attorney after the sign appeared, though, and eventually filed a lawsuit against the Stephenses that demanded an injunction for the removal of the flag and the sign.
Stephens said he had approximately 200 people, including many neighbors, knock on his door or approach him in his yard to offer support for his fight back against the HOA.
One knock on the door came from Republican state Rep. Hugh McKean, who represents Loveland.
“I always support people’s private property rights. I think (Rich Stephens) was exercising those,” McKean said.
“I always want to reach out to a citizen who feels like they have a hill to climb.”
The lawsuit against the Stephenses was dismissed with prejudice Thursday after the couple’s attorney,
Russell Sinnett, reached an agreement with the HOA’s attorney, Michael Krueger.
The deal included a stipulation that the HOA would never again harass the couple about the colonial flag decoration if the sign were to come down.
Stephens, a Vietnam veteran, removed the sign from his yard Thursday morning before leaving on a hunting trip to Gunnison with his brother-in-law.
Both Rich and Colleen Stephens are glad the dispute has been resolved without going to court, and are thankful for their supporters.
“I feel about 20 pounds lighter now that this is resolved,” Colleen Stephens said.
Several Denver-area TV stations as well as The Washington Post reported on the large sign’s appearance in the yard aftger the Reporter-Herald’s initial story.
And as the couple’s cause spread, more visitors to their home arrived to view the sign.
“I was worried about people coming to trash my parents’ house,” said Christine Wylie, the Stephenses’ adult daughter.
Sinnett said property owners in the state are protected to hang American flags despite objections from any association or group under Colorado Revised Statute 38-33.3106.5.
“It’s self-evident that when they filed the complaint, they never called it a flag,” Sinnett said.
“I just wanted to call the dog as it is, and in my answer I said we’re talking about an American flag here.”
Although the sign itself would be a violation of the HOA’s covenants, Sinnett said the lawsuit contesting it was unsustainable because HOAs are quasi-governmental bodies, and the First Amendment protects the right to protest any such group’s actions.
“My opinion is he had the right to put the flag on his house. And if it weren’t for the flag issue, we wouldn’t have the sign issue,” Sinnett said.
“I’d like to say kudos to the HOA board. There’s no more big drama going, but it is a big issue. I want to encourage everybody to be more open to discussion.”
Soon enough, the flag won’t even be hanging on the side of the house, as Colleen Stephens will replace it with Halloween decorations.
“I’m glad it came down, but I was planning out how to decorate the sign,” Colleen Stephens said.