
Now all across the country, many of us will fly the American Flag this weekend, to show our love of country, and our respect for the stars and stripes, and everything our flag signifies.
It’s a great way to show that you’re proud to be an American.
But, how would you feel if you put up your flag and suddenly someone came to the door and said “Hey! Take it down!”
You’d be surprised, confused and probably more than a little bit angry.
But believe it or not, it’s been happening to people on their own private property, year after year, all over the country. Sounds incredible, right? Well, let’s take a look.
For most of us, our private property is, in fact, private. We can do what we want, when we want and how we want, as long as we’re not breaking the law. So, most of us can fly the flag on our private property without any issue at all.
But, things are a little different when you own a condo, or a co-op, or a home in an ‘H-O-A’ community, as in ‘Home Owners’ Association. Homeowners in those communities are required to follow the specific rules and regulations set up by the condo board or the home owners’ association.
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Those rules are there for a number of reasons, ranging from maintaining safety, to maintaining property values.
Quite often those rules say you can’t put anything on the exterior of your property, or in common areas, that anyone can see from the street.
The idea is to present an appealing, consistent ‘look’ to the place.
But many of these associations include in the ‘banned’ list, the American Flag.
In the past decade alone, it’s happened all over the country. A veteran’s widow in a Connecticut condo, was told to take the flag down. She refused.
In Wisconsin, an Air Force Veteran’s mother, was flying the flag to honor her son. She was told to take it down. She said, no way.
In Pennsylvania, an Air National Guard Sergeant in a Home Owners Association was told to take it down or face a fine. She refused.
They all maintained that they have the right, under the laws of the land, to fly the flag whenever they want. And if you look at US law you’ll see that they’re on what appears to be, solid ground.
A federal law passed a few years ago states that people have the right to display the Flag of the United States and that no condo, coop or homeowners association can adopt, or enforce any rule to the contrary.
That law only applies to areas that you, and you alone own. It does not apply to any common areas. So what’s private, and what’s common? The answer to that is in your association documents. In many condos and HOA’s, the inside of your unit is all yours. No questions asked. But the exterior walls, and outdoor living areas, even balconies are often considered common areas. So the law might not apply to them.
A number of states have their own laws, and some of them go even further.
In Illinois, for example, associations ‘may not prohibit the display of the American flag even if it’s in a unit’s common area or on an adjacent exterior wall.
But even in the states that have passed laws allowing association owners to fly the flag, they require you fly it the right way. It has to be done according to the United States Flag Code.
So as you can see, it’s complicated. And even though the vast majority of associations in America allow flying the flag, that doesn’t help you if your condo, coop or HOA says you can’t.
If you defy those rules, you could face fines, a lawsuit, or even eviction.
But it might be a cause worth fighting for. Because remember, all those condo, coop and homeowner associations have boards are made up of residents. If you feel strongly one way or another about the right to fly the flag, we encourage you to attend your board meetings or maybe even join the board and speak up. Make your voice heard, loud and clear.
And you never know, the deciding vote might be yours.
Of course, we’re talking about the Democratic process, which has been working pretty well for these United States, since 1776.