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July 28, 2006
Do Owners Have Unfettered Rights to Fly the American Flag?
At the National level, the bill HR 42 has been signed into law. This bill has already been characterized by the press as banning homeowner associations from prohibiting displays by owners of the American flag.
The legislation prohibits an association from adopting or enforcing a policy or agreement that “would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use”. This means the owner can fly the flag on his or her Lot in a planned development in California, or on their balcony or patio area in a condo association, but it seems the Board can set some reasonable restrictions. The bill also provides the following limitations:
1. Flags must be displayed consistent with the provisions of the Federal Flag Code, or any rule or custom pertaining to the proper display or use of the American flag; and
2. Community associations may place reasonable restrictions pertaining to the time, place, or manner of displaying the American flag necessary to “protect a substantial interest” of the community association.
This bill is not entirely inconsistent with California law on flag flying. That law defines displays that are not allowed and you can find information on the California law on my website at http://www.californiacondoguru.com. You will see that from my point of view, associations are encouraged to supply owners with reasonable opportunities to fly flags. I am in favor of allowing patriotism to flow freely. In fact, I was visiting some family back in the midwest over the 4th and one of the greatest displays I have ever seen was around the oldest cemetery in Iowa City - more than 3000 small flags on wooden spikes lined the boundaries of the cemetery. The heartfelt story was that a local school teacher and his children got up early every 4th and set this up, leaving the display up for the week. This man was following the tradition established by his father. It was touching.
On the other hand, clanking chains, display of deteriorated flags, bright colored lights, large flags flapping loudly in high wind, and "talking" flags can offend your neighbors. Drilling holes in the buildings without regard to water intrusion issues or mounting brackets or displays on common roofs under warranty (until breached) should not be allowed.
As in every facet of community association life, there has to be some thoughtful balance.
Posted by Beth Grimm at July 28, 2006 11:02 PM