I want to install a 30 foot flag pole in my yard so that I can proudly display both the American flag and the flag of my favorite sport, NASCAR. After my neighbor complained of my plans to my associat
Associations must remember that CCIOA gives homeowners and unit occupants the right to display the American flag on the unit property, in unit windows, or on unit balconies. This provision, however, applies only to the American flag, not the flags of other countries, the Confederate flag, or P.O.W. flags etc. Your association therefore does have the ability to prohibit a homeowner from displaying a NASCAR flag. Additionally, associations may adopt reasonable regulations on the size and placement of the flags, but may not completely prohibit the display of the American flag or the use of flag poles. An association may adopt reasonable regulations concerning the allowable height of flag poles as long as it does not prohibit it altogether. In this instance, the board will need to make a determination as to whether a 30 foot tall flagpole is reasonable. Presumably, the board would have to take into consideration such things as the type of community (i.e., single family or townhome, lot size, safety, method of installation, location in the yard the flag pole was to be installed, etc.) An association should adopt a policy that clearly states what is allowed to clear up any confusion and avoid conflict.
Homeowners and unit occupants also should remember they have the responsibility to display the flag in a manner consistent with the Federal Flag Code (click here for the Federal Flag Code). Since this section expresses a strong legislative intent to allow homeowners to display the American flag, associations should not hassle homeowners for small infractions of the Code.
Community Essentials - June 2005
