Two Aiken homeowners are making a statement against their neighborhood's rule banning flagpoles, with the bird not often known to symbolize freedom and patriotism - the flamingo.
Neil and Mary Welks wanted to erect a flagpole in the front yard of their Cedar Creek home to fly the American flag, but covenants drafted by Cedar Creek Development Corp. and enforced by the Cedar Creek Property Owners Association prohibit any flagpole not attached to a tree or home. The covenant specifically states stand-alone flagpoles "are not permitted."
As a statement against the rule - and while still showing their patriotism - the Welks have placed several plastic flamingos in their front yard. While they resemble the tacky pink flamingos that became popular in America in the 1960s, the ones in the Welks' yard are red, white and blue.
"You're not allowed pink flamingos, and you're not allowed to have any lawn ornaments more than 18 inches high," Mary said, citing the association's covenants. "So we decided to put out these 'liberty birds' in red, white and blue. They're not pink. They're within the guidelines of 18 inches."
The Welks have long wanted to put up a flagpole in their yard, and got the process rolling in October. Since then, they have unsuccessfully petitioned the association's architectural review board and board of directors to get the covenant modified.
Cedar Creek's covenants and restrictions dictate how property owners are to keep up their homes, while also laying out what is and isn't allowed in the community.
The rules were put in place when the development was started, according to Sherri Wicks, president of the board of directors.
"They were the declarant, and they made covenants and restrictions that the community follows," Wicks said, referring to Cedar Creek Development Corp. "Everybody who purchased in here was given a copy of the covenants and restrictions when they purchased. They knew there were certain things they were allowed to do and certain things they were not allowed to do."
Wicks said the board of directors has voted numerous times on the issue, and while they weren't unanimous, the votes were in favor of not changing the covenant. Had the board voted in favor of the covenant change, the board would next have to go to Cedar Creek Development Corp. and get them to make the change.
"Which they said they would do, but it didn't get past the board," Wicks said. "We voted it down because we did not see the need to have flagpoles in the community."
Wicks said she wants to make it clear that this isn't an issue of patriotism.
"We have never, ever denied anyone from flying the American flag. We are one of the most patriotic communities there are in Aiken," she said, adding that a drive through the community will reveal a number of flags displayed per covenant guidelines. "I hate to upset any of the property owners, but they knew when they moved in here what the restrictions were."
Neil Welks said they've consulted with a family member who is an attorney, and who said the legal precedent has been set. A board member took him to a home in Cedar Creek that had a flagpole erected outside, and Neil said it stood for more than a year before his own flagpole issue arose.
Neil said he was told that the homeowner put the flagpole up without asking, and that no one ever made a complaint to the Property Owners Association. Wicks said that the flag was located in the home's backyard and is difficult to see, and that the board has since sent the homeowner a letter instructing them to take it down.
Neil said he's heard "noise" that the association may send them a letter about the "liberty birds," which he said he originally wanted to paint much louder and tackier colors. Violating a covenant could result in a reprimand or fine against a homeowner.
"I'm really interested in getting the letter so I can see what rules I've broken," he said. "I'm not trying to be insulting. I'm just trying to get my point across."
Neil's father and Mary's father both served in the military. Their daughter, a federal agent, wanted to be a teacher but had a change of heart after the Sept. 11 terror attacks.
"I believe in this country. I believe in this flag," he said. "I'm not trying to break the rules, put the flagpole up and go, 'Ha! I put the flagpole up. Let me see you do something to me now.' I'm trying to do this the right way."
Teddy Kulmala covers the crime and courts beat for the Aiken Standard and has been with the newspaper since August 2012. He is a native of Williston and majored in communication studies at Clemson University.
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