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Soldier's wife fights condo group's flag ban
GILFORD – The wife of a soldier serving in Afghanistan has hired a lawyer to take on her condo association for not only refusing to allow her to display the American flag, but refusing to reimburse her for one damaged this winter by workers at the 137-unit development.
Geri Farnell of the Samoset Condos, 2696 Lakeshore Road, said she is headed to small claims court.
"The flag represents what he does. It's his life," she said of Troy Farnell, who is in the First Special Forces Group. "I thought New Hampshire was incredibly patriotic. But maybe not."
Troy Farnell, deployed in early February, is 49. He has spent his career in the military. Geri Farnell said she served in the military for four years. The two have been married 14 years and owners at the Samoset the past four years.
Ever since they moved in, Farnell said, she has had a flag on a pole outside their residence.
She said she was aware that the condo association had a policy about objects displayed outdoors. She asked permission for the flag and a bird feeder; the property manager at the time told her to go ahead. Her neighbor put a flag out as well.
Monday night, during a walk around the complex, many decorative flags could be seen on doors.
Last summer, when contracted roofers were doing work at the development, Farnell said her flag was sheared off on its pole and left on the ground.
"I went and got a new one," she said. She put it on a more solid stand.
This winter when contractors again came to the units, this time to shovel snow off the roofs, the flag was again knocked to the ground. This time it was left buried under feet of snow and ice.
"I couldn't even pull it out from under the (ice) chunks," said Farnell.
She gave Evergreen Property management two calls. She said eventually someone dug out the flag and left it on her porch. But it was damaged. She sent a bill to the condo association for about $80.
She received a letter dated March 29 from Lorie Paquette, association manager. It indicated the condominium association was not going to reimburse Farnell, and she was not going to be able to fly Old Glory anymore.
"Flags are a direct violation of the rules and regulations and therefore, the association shall not be responsible for replacement," Paquette wrote.
A message left on Paquette's voice mail Monday was not immediately returned.
Paquette attached to the letter a copy of the rules and regulations. They were adopted Nov. 4, 2010, and made effective Dec. 1, 2010.
While the rules do not spell out "flags," the list of forbidden outdoor items includes rugs, towels, decorations, sports equipment, including lawn games, kayaks and canoes "so as to be visible" at the condominiums, which are only feet away from Lake Winnipesaukee.
Farnell said her husband "can't even believe it. And now I am in direct violation. I can't even put my flag back," she said.
She said she is prepared to go all the way to the Supreme Court with her fight. But she doesn't necessarily want to do that. It would be nice, she said, just to get the flag back up before her husband comes home from war.
Geri Farnell of the Samoset Condos, 2696 Lakeshore Road, said she is headed to small claims court.
"The flag represents what he does. It's his life," she said of Troy Farnell, who is in the First Special Forces Group. "I thought New Hampshire was incredibly patriotic. But maybe not."
Troy Farnell, deployed in early February, is 49. He has spent his career in the military. Geri Farnell said she served in the military for four years. The two have been married 14 years and owners at the Samoset the past four years.
Ever since they moved in, Farnell said, she has had a flag on a pole outside their residence.
She said she was aware that the condo association had a policy about objects displayed outdoors. She asked permission for the flag and a bird feeder; the property manager at the time told her to go ahead. Her neighbor put a flag out as well.
Monday night, during a walk around the complex, many decorative flags could be seen on doors.
Last summer, when contracted roofers were doing work at the development, Farnell said her flag was sheared off on its pole and left on the ground.
"I went and got a new one," she said. She put it on a more solid stand.
This winter when contractors again came to the units, this time to shovel snow off the roofs, the flag was again knocked to the ground. This time it was left buried under feet of snow and ice.
"I couldn't even pull it out from under the (ice) chunks," said Farnell.
She gave Evergreen Property management two calls. She said eventually someone dug out the flag and left it on her porch. But it was damaged. She sent a bill to the condo association for about $80.
She received a letter dated March 29 from Lorie Paquette, association manager. It indicated the condominium association was not going to reimburse Farnell, and she was not going to be able to fly Old Glory anymore.
"Flags are a direct violation of the rules and regulations and therefore, the association shall not be responsible for replacement," Paquette wrote.
A message left on Paquette's voice mail Monday was not immediately returned.
Paquette attached to the letter a copy of the rules and regulations. They were adopted Nov. 4, 2010, and made effective Dec. 1, 2010.
While the rules do not spell out "flags," the list of forbidden outdoor items includes rugs, towels, decorations, sports equipment, including lawn games, kayaks and canoes "so as to be visible" at the condominiums, which are only feet away from Lake Winnipesaukee.
Farnell said her husband "can't even believe it. And now I am in direct violation. I can't even put my flag back," she said.
She said she is prepared to go all the way to the Supreme Court with her fight. But she doesn't necessarily want to do that. It would be nice, she said, just to get the flag back up before her husband comes home from war.
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