Wake Forest family balks at HOA rule against flag pole

A Wake Forest family grieving the death of their son installed a flagpole to honor him only to find themselves at odds with their homeowners' association.

Posted 7:34 p.m. Sep 16, 2019 — Updated 10:31 p.m. Sep 16, 2019

Aaron Thomas

, WRAL reporter

WAKE FOREST, N.C. — A Wake Forest family grieving the death of their son in a Feb. 2019 mass shooting in Illinois installed a flagpole to honor him – with the American flag at the top and an "Aurora Strong" flag below – only to find themselves at odds with their homeowners' association.

Clayton Parks was 32 and working at Henry Pratt Co. in Aurora, Ill., when a disgruntled and recently fired co-worker went on the shooting spree, killing Parks and four other employees and wounding five police officers. The suspect, Gary Martin, was killed in a shootout with police.

Parks' parents, Leslie and Dave Kendra, shared with WRAL News the notice they got from Professional Properties Management, Inc., of Raleigh, inviting them to a due process hearing. Dave Kendra said the hearing notice, sent to his wife on Sept. 12, was the first they heard from their HOA that the flagpole was "in violation of community rules" and that they could be fined up to $100 per day.

Four days later, the Kendras sought and filed a project request with the architectural committee of the Porto Fino Wake Forest Homeowners Association. The application describes the project:

"Installation of a 20-foot flag pole as a remembrance of our son who was murdered on February 12, 2019, in Aurora, Ill. This flag pole will carry the American flag and an Aurora Strong flag, both of which were gifts of support for our grieving. This flag pole is removable and non-permanent."

In the application, the Kendras note that federal law prohibits the HOA from restricting or preventing display of the American flag.

HOA spokesman Matthew Leffler said the issue was never about the flags the Kendras are flying, but about the installation of the pole without permission.

The HOA shared its letter dated Aug. 30 (the letter the Kendras said they never got) which reads, in part, "It has been documented that you have installed a flag pole on your property which has not been applied for and has not received HOA approval."

The covenants for the Porto Fino subdivision don't specifically mention flag poles, but prohibit exterior additions including antennas, satellite dishes and awnings unless approved by the HOA board or architectural committee.

Suggest A Correction