WAXHAW, N.C. — Rules over flying flags in a Waxhaw community has some in the neighborhood at odds. A police officer says he’s never had issues hanging his American flag with a thin blue line until now.
The Millbridge community in Waxhaw has HOA regulations that allow only certain kinds of flags. However, several first responders and retired officers living in the neighborhood are pushing to change the rule.
"Somewhere along the line, you should’ve included the blue line, the first responders," Chris Castrogiovanni said.
Castrogiovanni has flown a black American flag with a blue line on it outside his house with no problems for years. A couple of weeks ago, he got a notice saying he must take it down. His neighbors that are also in law enforcement were forced to do the same.
As a former NYPD officer who responded to 9/11 and a current law enforcement officer, Castrogiovanni said the blue line means a lot to him. He said he uses the flag as a way to remember lives lost in the line of duty.
"I went to 26 funerals after 9/11. I went to every NYPD one and three fire department ones," Castrogiovanni said. "It's important that you remember the dead."
The HOA’s flag rule, which was added a few years ago, states the only flags allowed are of official countries, North Carolina and military branches.
Homeowners told WCNC Charlotte they never voted on this change to the neighborhood rulebook, called the covenants, conditions and restrictions (CCR), so they don't believe it's valid. Additionally, they believe first responders should be included in the allowed flags.
"You’re supposed to get the vote of the entire subdivision," Castrogiovanni said.
The management company for Millbridge explained to WCNC Charlotte the rule was added by the developer right before giving control of the HOA to homeowners. Attorney Mike Hunter said it's common for developers to amend CCRs when they still have control.
"A lot of these CCRs give the developer the authority to unilaterally amend the declaration while it’s in control of the HOA without a vote of the owners," Hunter explained.
Developers are allowed to change the rules during what’s called the developer control period.
“It usually runs from the time the development has first started to someday 15 years in the future, or when all the lots are sold, or when the developer only has five lots left -- it varies,” Hunter added.
Eventually, things are handed over to neighbors and a group of them govern the neighborhood's homeowners' association.
Despite the fine print, Castrogiovanni is hoping the community will support him in changing the rules.
Homeowners are allowed to amend the rules but they must request a vote of the entire community. Castrogiovanni told WCNC Charlotte he’ll be doing that next month when he meets with the HOA board.
Contact Julia Kauffman at jkauffman@wcnc.com and follow her on Facebook, Twitter and Instagram.