Tomball homeowners fly 'Defund the HOA' flag after 'petty' notice
TOMBALL, Texas (KTRK) -- Jennifer and Donald Sliva's son helps them take care of the yard throughout the year.
But this year, the Slivas said there was only so much their high school son could do to keep the yard looking green and trimmed after a recent landscaping project.
"The grass is not even there anymore," Jennifer Sliva said. "I can't help that it doesn't grow."
The couple said they're not the only home in their Tomball community that is struggling to keep their grass green this summer.
Still, over the last few months, they received notice after notice from ACMI, the management company hired by the Three Lakes East Community Association community where they live.
Those letters instructed the Slivas to "please sod the lawn where grass is dead or not growing."
"She would get a letter out of the mail (and say), 'Don, you're not going to like this.' (I said), 'What? Another letter from (the HOA)? ... 'Yep.' I was like, 'I'm fed up,'" Donald Sliva said.
The notices escalated to a "final notice before legal action" in May and again in June.
The Slivas shared a copy of those letters with 13 Investigates. They show ACMI charged the couple a $42.75 fine for their dead grass.
The couple said they grew increasingly annoyed about the notices when Donald Sliva came across a flag online that says, "Defund the HOA," and decided to hang it in their front yard.
The couple said they've lived in their neighborhood for more than 20 years, and every baseball season, they fly an Astros flag without any issues.
But, after the "Defund the HOA" flag went up, the Slivas said they received a violation notice on Aug. 23, instructing them to "please remove unsightly items from public view. Flags are not allowed."
Donald Sliva said he understands why the HOA can regulate flags during political season or during holidays, but said he doesn't understand this latest letter they received calling for all flags to be removed.
"I was putting it up to be a joke and to be funny," he said. "But now, you turn around and tell me I'm not allowed no flags at all."
His wife said she read through the deed restrictions for their community twice and didn't think they violated it.
"There was nothing. Not one word referencing flags at all. Nothing saying they are allowed. Nothing saying they're not allowed, so who are you to tell me what I'm going to do with my house? That's including the U.S. flag. That's including the Texas flag. That's including all the holidays," she said. "'Defund the HOA.' It's a joke."
In a statement, ACMI told 13 Investigates it "the notice we sent to the homeowner was not properly worded. It should have indicated that the flags or flags displayed at that specific home were not approved and needed to be removed."
ACMI said their notes regarding the notice the couple received only mentions "an extremely large Astros flag, but not one related to defunding the HOA, so that is a surprise to us."
The company said there are no restrictions on flying American or Texas flags, and "tasteful" displays of flags for local sports teams are also allowed.
"On occasion, someone will fly a very large flag of this sort, and those are discouraged," ACMI said in a statement. "The basic intent is to minimize displays that may, in some way, create a nuisance to the community, homeowners nearby to the display, or in some manner, impact upon property values nearby to the display."
The Slivas said their neighbors find the flag funny, and they have no plans on removing it anytime soon.
"Quit pestering homeowners about petty things," Donald Sliva said. "Why even bother with a petty flag? It's not hurting nobody. It's not discriminating against nobody. It's like, just leave it alone."
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