Potential Flag Restrictions To Be Aware Of In The Homeowners Association

Posted on August 10, 2018 8:00 AM by HOA Sites
Categories: HOA Website
Are your HOA laws stopping you from displaying the American flag on your property the way you want?  While it’s good of all homeowners to observe the association laws, you have a right to know the federal laws as well as the state laws regarding the matter.  Before starting a discussion about flag restrictions on the homeowners association website, make sure you understand what your rights are as outlined in the governing documents.
Why Associations Have Flag Restrictions

Some homeowners display the flag in a manner that isn’t appealing or tasteful.  It can be irritating for neighbors to have to listen to the rope thump against the flagpole all night.  Also, drilling many holes for displaying the flag might cause damage when not done properly.  Aside from that, there’s other people that may display the flag incorrectly and this could lead to restrictions from the HOA.
What The State Says About Flag Display

The Freedom to Display the American Flag Act of 2005 holds that condos and homeowners associations shouldn't stop people from displaying the national flag on their property.  Nonetheless, the same law permits associations to reasonably restrict display based on manner, place, and time if doing so will protect vital interests of the HOA.

If the restrictions are not protecting any vital interests, then the HOA is probably violating your federal right.  But before you confront the board or start a revolt on the homeowners association website, check what the state law says about the issue.  Some states have laws that govern association rules on flag display while others leave the matter to federal law.

In many HOA’s, there are no outright bans on flag display; however, there might be restrictions on the location, size, position, and type.  Go through the governing documents of the association and see what the restrictions are on flag display.  Not only does this keep you aware of the latest but if you feel the restrictions are violating your rights, you can take the matter to the board!
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