Andres vs. Indian Creek HOA - Landmark Flagpole case
George and Anna Andres (the Andreses)
appeal from a Final Judgment granting
foreclosure of their home upon suit by Indian
Creek Phase III-B Homeowner's Association,
Inc. (Indian Creek).
The Andreses were found to have violated
Indian Creek's covenants by erecting a flag pole
on their property to fly the American flag.
Indian Creek sued the Andreses and prevailed,
forcing them to remove the flag pole.
Indian Creek sought to foreclose upon the
Andreses' home to pay for the attorneys' fees
Indian Creek incurred as a result of its lawsuit.
The Andreses assert this basis for foreclosure is
preempted by the Florida Constitution which
exempts homestead property from a forced sale
except in very limited circumstances.
Indian Creek was not precluded from seeking
other legal measures to collect on its judgment
for attorneys' fees but foreclosure upon the
Andreses' homestead is prohibited.