LeslieR2 (Virginia)
Posts: 1
Posts: 1
Posted:
There are both federal and Virginia laws regarding an HOA's member's right to display the US flag. I am looking for sample HOA regs on the subject. Adrian
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flag display
Started by LeslieR2 • 2 replies • 1402 views
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MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Leslie,
Below is the AZ statute. This only pertains to planned communities; there is no state law for condo assn's. I'm proud to say I was the person responsible for the inclusion of flagpoles. When the flag legislation was being proposed a number of years ago, flagpoles was not addressed in the initial bill. I contacted the bill sponsor and asked that flagpoles be added since most of the court cases were really about the flag pole and not the flag. He agreed!
33-1808. Flag display
A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor display of any of the following:
1. The American flag or an official or replica of a flag of the United States army, navy, air force, marine corps or coast guard by an association member on that member's property if the American flag or military flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10).
2. The POW/MIA flag.
3. The Arizona state flag.
4. An Arizona Indian nations flag.
B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or an Arizona Indian nations flag. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole.
Below is the AZ statute. This only pertains to planned communities; there is no state law for condo assn's. I'm proud to say I was the person responsible for the inclusion of flagpoles. When the flag legislation was being proposed a number of years ago, flagpoles was not addressed in the initial bill. I contacted the bill sponsor and asked that flagpoles be added since most of the court cases were really about the flag pole and not the flag. He agreed!
33-1808. Flag display
A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor display of any of the following:
1. The American flag or an official or replica of a flag of the United States army, navy, air force, marine corps or coast guard by an association member on that member's property if the American flag or military flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10).
2. The POW/MIA flag.
3. The Arizona state flag.
4. An Arizona Indian nations flag.
B. The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or an Arizona Indian nations flag. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
This is from our COA:
However, no Unit Owner shall be prohibited from the placement of a flagpole that is to be used for the purpose of displaying, or shall prohibit the display of, the flag of the United States on or within the Limited Common Elements of a Unit Owner or on the immediately adjacent exterior of the building in which the Unit of a Unit Owner is located, if the flag is displayed in accordance with any of the following:
(1)The patriotic customs set forth in 4 U.S.C.A. 5-10, as amended, governing the display and use of the flag of the United States;
(2)The recommended flagpole standards set forth in “Our Flag,” published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998)
(3)Any federal law, proclamation of the President of the United States or the governor, section of the Revised Code, or local ordinance or resolution.
However, no Unit Owner shall be prohibited from the placement of a flagpole that is to be used for the purpose of displaying, or shall prohibit the display of, the flag of the United States on or within the Limited Common Elements of a Unit Owner or on the immediately adjacent exterior of the building in which the Unit of a Unit Owner is located, if the flag is displayed in accordance with any of the following:
(1)The patriotic customs set forth in 4 U.S.C.A. 5-10, as amended, governing the display and use of the flag of the United States;
(2)The recommended flagpole standards set forth in “Our Flag,” published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998)
(3)Any federal law, proclamation of the President of the United States or the governor, section of the Revised Code, or local ordinance or resolution.
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