You may have read or heard about a Henrico County citizen facing a court battle with his community's homeowners association (HOA) over a flag pole.

Col. Van T. Barfoot, a 90 year old veteran and Medal of Honor recipient, has been ordered by his community's HOA to remove the flag pole or face legal action. According to Barfoot's daughter, the covenants do not expressly prohibit flag poles. The covenants require the association's architectural approval of any structures built on lots. The Sussex Square Homeowners Association in Henrico County maintains that the pole doesn't meet the community's aesthetic standards.

Virginia law requires HOAs to alert prospective purchasers as to any limitations on the owner's right to display an American flag. Therefore, Virginians should exercise due diligence before purchasing a home in a community that has a HOA covenant and should review the convenants carefully. Subject to certain limitations, HOAs are permitted to adopt rules about the appearance of homes within their boundaries and some HOAs can be quite strident in enforcing them. In this case, a home's feature is considered to be in violation of the covenant, even though it isn't expressly prohibited.

Virginia law entitles you to review HOA and condominium documents prior to closing on a property in associations subject to the Virginia Property Owners' Association and Condominium Acts. Consult your Realtor or legal adviser for details as to your rights and obligations.

Read the Richmond Times-Dispatch cover story about Col. Van T. Barfoot.