Association’s Statement Regarding Larry Murphree’s Flower Pot Violation and Lien for Unpaid Common Assessments

This statement is issued on behalf of the Tides at Sweetwater by Del Webb Condominium Association, Inc. in response to Mr. Murphree’s media release regarding his flower pot covenant violation and lien for unpaid regular assessments.

“The Tides Condominium at Sweetwater by Del Webb, Inc. (“Tides”) would like to formally respond to recent media releases associated with the current flower pot violation and recorded lien on Larry Murphree’s property as they were inaccurately reported. The Tides agrees with Mr. Murphree about demonstrating patriotism by flying the American flag. We have established rules that conform with the U.S. Code and Florida statutes regarding flag etiquette, and we encourage residents to fly American flags in accordance with the state and national standards.

“The Association has not prohibited any owner from properly displaying an American flag. In June 2013, Murphree filed a federal action alleging the Association’s rules and regulations regarding flower pots violated the Freedom to Display the American Flag Act of 2005 (Case No. 3:13-CV-713-J-34MCR). The Court dismissed this cause of action concluding the “Flag Act of 2005 does not provide any enforcement mechanism, or explicitly create a private right of action for individuals such as Murphree to bring a lawsuit against a condominium association.” To date, there is no pending litigation between the Association and Mr. Murphree.

“The story suggests and implies that the Tides is foreclosing on Mr. Muphree based on fines associated with flying the American flag. The Tides is not foreclosing on Mr. Murphree’s property for improperly displaying the American Flag. The Tides seeks monies due from any owner whose accounts are delinquent. The Board of Directors has a fiduciary responsibility to the Association and all its residents. This includes ensuring that all monies due to the Association are collected. We prefer such payments to be made voluntarily, but when they are not, after due notice, we take all appropriate legal steps to ensure the financial soundness of our Association. The public records reflect a lien has been placed against the property, but despite any claims, the lien relates to the failure to pay regular monthly assessments.”

The federal opinion is located below.

The Claim of lien is located in Duval County Public Records Book 16828, page 1167

Sincerely,
McCabe Law Group, P.A.