Flag Restrictions

Our HOA just banned us from flying anything Except the current US Flag. They cite the section in our covenats below that is headed Signs. To me this allows them to restrict Signs but the part about the US Flag only says they can not restrict the flying of the US Flag not that it is the ONLY flag allowed to be flown. I live in Wa State.
Would apreciate any comments on this

4.11 Signs. No signs shall be erected or maintained on any Lot, except that not more than one "For Sale" sign placed by the Owner, Declarant or by a licensed real estate agent, not exceeding twenty-four (24) inches high and thirty-six (36) inches long, may be temporarily displayed on any Lot, subject to the provisions of Section 9.2 below and applicable law. The restrictions contained in this paragraph shall not prohibit the temporary placement of "political" signs on any Lot by the Owner or Occupant, or construction and marketing related signage by Declarant or its contractors, subject to compliance of the sign and its placement with applicable law. No signs of any kind, other than Declarant's marketing signs or any Association signs for the common good of the Community, which have been previously approved by the Board, will be allowed on Common Areas. The foregoing restrictions shall not be deemed to prohibit the display of the flag of the United States by an Owner or occupant of a Lot if the flag is displayed on the Lot in a manner consistent with federal flag display law, 4 U.S.C. §1 et seq., and RCW 64.38.033. The Board may adopt reasonable rules and regulations consistent with federal flag display law regarding the placement and manner of display of such flag and the location and size of the flagpole.

Some reading material:

HOA Political Flags: Should They Be Allowed Or Not? from HOA Management

Dissecting the sticky issue of flags, banners and signs in HOA communities from CAI

Can Your HOA Prohibit You From Flying Your Favorite Flag? from Nolo

Flags, Signs & Associations 2007 article from a Washington State legal firm

There are 25 "Rules" I believe on how to properly fly an American flag. Which includes must keep it lit at night if you do not plan on taking it inside every night.

My opinion is that flying a flag makes you no more "American" than the person next door to you. That is why our HOA had ONE flag pole that was lit at the front entrance. We ALL fly under the SAME flag. Why make yourself an individual? Plus how many HOA rules incorporate the proper flying of the flag rules? If it's not there, then how does the HOA have a right to enforce when it is improperly done? Like flying a tattered flag?

Now we did not say one can not have a "garden flag" as decor for a garden. It just you did not need to fly an American flag on your house or on a pole if there was one at the front entrance.

Yes, they can prohibit the flying of any other flag other than a flag of the United States. That is the power of an HOA, unfortunately.

I did NOT say they were prohibited from flying their own. Just what is the purpose? We fly under the SAME flag!!! Your NOT any more special or American because you have your own. We could though start enforcing how you flew your flag if you wanted us too since you undertook the responsibility.

I’m not sure why people are not replying to your question, but I will give it a go. That verbiage certainly does not ban flags of any kind. It seems to be a pretty poorly thought out paragraph, perhaps erode filing the covenants someone pointed out that federal law does not allow HOA’s to restrict American flags, so they tossed that in without thinking that “flags” are not “signs.”

I do believe if the flag is overtly political they can reasonably claim it becomes a political sign and thus falls under that paragraph. But a state flag, college flag, etc. are not covered in that paragraph.

David,

Look up 4 U.S.C. §1, it states that it needs thirteen horizontal stripes, alternate red and white and 50 stars. It can be the support the police blue, but as long as there are 13 red and white stripes and 50 white stars on a blue background, the middle could be of a Christian symbol.

David, you are wrong in that the HOA can prohibit other flags, it just can't prohibit a federal flag under US code and state code.

In the OP's opening statement, he stated that the HOA banned all but the US Flag. I have to assume the ban is in writing, but who knows.

In part, Mark's covenants (CC&Rw, declaration) says: "The foregoing restrictions shall not be deemed to prohibit the display of the flag of the United States...if the flag is displayed on the Lot in a manner consistent with federal flag display law, 4 U.S.C. §1 et seq., and RCW 64.38.033."

It look to me like his Board cannot ban flying the official US flag, but that it can ban any other flags on lots. I'm, thinking it's because there's a reference to Board making additional rules about US flags and so, too, can it make rules & regs about many matters in including flags.

It appears the board HAS made a rule since Mark writes: "Our HOA just banned us from flying anything Except the current US Flag." So, I agree with Max & Tim.

Say, Mark, are there any rules against you mounting a flag or banner f your choice in your own window inside your home? Can you makes your flag's wording a & pictures a "political sign" instead. Is the size of a "political sign" the same as a realtor's sign? Btw, what does Section 9.2 of your covenants say?

Our just-recorded restated CC&Rs say: "Only an official flag of the United States displayed consistent with applicable law and the Governing Documents shall be displayed in an Owner’s Separate Interest or exclusive use balcony, patio or deck." (Condo building)

The wording is from our HOA law firm & CG, who has many years of experience with governing docs. I have no intention to pursue this further, Max.

I have suggestions for MarkM44. Do you?

Didn't think you would, BUT, I will wait for your "suggestions".

As with so many HOA things, the CC&Rs for this Washington State HOA need to be interpreted in the context of state law. It appears that Washington State HOA statute has addressed flags and signs specifically. The text copied from the Washington state HOA statute follows.

I could not find other sections for Washington State that addressed flags or signs.

Chapter 64.38 RCW

HOMEOWNERS' ASSOCIATIONS

RCW 64.38.033

Flag of the United States—Outdoor display—Governing documents.

(1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent with federal flag display law, 4 U.S.C. Sec. 1 et seq. The governing documents may include reasonable rules and regulations, consistent with 4 U.S.C. Sec. 1 et seq., regarding the placement and manner of display of the flag of the United States.
(2) The governing documents may not prohibit the installation of a flagpole for the display of the flag of the United States. The governing documents may include reasonable rules and regulations regarding the location and the size of the flagpole.
(3) For purposes of this section, "flag of the United States" means the flag of the United States as defined in federal flag display law, 4 U.S.C. Sec. 1 et seq., that is made of fabric, cloth, or paper and that is displayed from a staff or flagpole or in a window. For purposes of this section, "flag of the United States" does not mean a flag depiction or emblem made of lights, paint, roofing, siding, paving materials, flora, or balloons, or of any similar building, landscaping, or decorative component.
(4) The provisions of this section shall be construed to apply retroactively to any governing documents in effect on June 10, 2004. Any provision in a governing document in effect on June 10, 2004, that is inconsistent with this section shall be void and unenforceable.

RCW 64.38.034

Political yard signs—Governing documents.

(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs.
(2) This section applies retroactively to any governing documents in effect on July 24, 2005. Any provision in a governing document in effect on July 24, 2005, that is inconsistent with this section is void and unenforceable.

Can you show us, LetA, any proof of your certainty?

In my opinion the covenant does not permit the HOA to limit flags to the U. S. flag. In other words, the HOA must allow any flag that, apart from being a flag, meets the covenant's requirements for signs.

Augustin, Thanks. That is my reading of this covenant too. The section refers to SIGNS and the ONLY mention of flags is to make a statement that this section does not prohibit the flying of teh US Flag.

Kerry - I believe he provided the wording that the board cited in his original post. That is to say, there is no actual rule banning flags of any kind. It sounds as if the board simply started issuing violations, and when Mark asked what rule was being violated they pointed to the Signs rule.

My certainty is as a BOD I do not want to be served with a blueback for denying someone the right to fly an armed forces flag.

Since several states have enacted laws and ordnances that protect flags of the armed forces, the general consensus is to err on the side of caution and
permit the flags to fly.
It don't take a judge or a lawyer to form a legal opinion to permit an owner to fly said flags. Who would want to waste HOA funds pushing papers between lawyers
and possibly have FHA on your radar.

https://blog.caionline.org/flying-flags-in-hoas-under-the-law/