JesseD (Texas)
Posts: 1
Posts: 1
Posted:
I have decided to mount and wave the American flag at my home. Should there be any HOA opposing rules against expressing our patriotism at our residence?
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Waving our American flag
Started by JesseD • 4 replies • 122 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Leaving out lots of information, aren't we?
There is federal law prohibiting HOAS from preventing people from displaying the American flag AT ALL, but HOAs can establish and enforce rules related to how it's displayed (placement, size, lighting and flagpole type) the rules have to be clear, uniform and reasonable (tge last word is where problems star5 because everyone has an opinion on what reasonable means).
I suspect this isnt about patriotism at all, but a misunderstanding at best - or someone feels the rules shouldn't apply to them fir whatever reason. It could even be something in between. But you need to calm down and work through this in a constructive fashion. Start with reading your documentsto see if the issue us addressed. What does it say about commonbarea - if thats we here you want to place tge fkag, you can't do that because the entire community owns that space.
If your documents don't mention flags specifically, this could be your opportunity to persuade the board to establish some guidelines, assuming the documents give them that authority. Read up on the Freedom to Display the American Flag Act of 2005 as well as look at the American Legion website which has guidelines on how the flag should be displayed. In fact, you could adopt its rules to your community (that's what my community did).
There is federal law prohibiting HOAS from preventing people from displaying the American flag AT ALL, but HOAs can establish and enforce rules related to how it's displayed (placement, size, lighting and flagpole type) the rules have to be clear, uniform and reasonable (tge last word is where problems star5 because everyone has an opinion on what reasonable means).
I suspect this isnt about patriotism at all, but a misunderstanding at best - or someone feels the rules shouldn't apply to them fir whatever reason. It could even be something in between. But you need to calm down and work through this in a constructive fashion. Start with reading your documentsto see if the issue us addressed. What does it say about commonbarea - if thats we here you want to place tge fkag, you can't do that because the entire community owns that space.
If your documents don't mention flags specifically, this could be your opportunity to persuade the board to establish some guidelines, assuming the documents give them that authority. Read up on the Freedom to Display the American Flag Act of 2005 as well as look at the American Legion website which has guidelines on how the flag should be displayed. In fact, you could adopt its rules to your community (that's what my community did).
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,338
Posts: 1,338
Posted:
Quote:
Posted By JesseD on 12/21/2025 7:00 AM
I have decided to mount and wave the American flag at my home. Should there be any HOA opposing rules against [displaying the flag] at our residence?
I have decided to mount and wave the American flag at my home. Should there be any HOA opposing rules against [displaying the flag] at our residence?
Sec. 202.012. FLAG DISPLAY. (a) A property owners' association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of:
(1) the flag of the United States of America;
(2) the flag of the State of Texas; or
(3) an official or replica flag of any branch of the United States armed forces.
(b) A property owners' association may adopt or enforce reasonable dedicatory instrument provisions:
(1) that require:
(A) the flag of the United States be displayed in accordance with 4 U.S.C. Sections 5-10;
(B) the flag of the State of Texas be displayed in accordance with Chapter 3100, Government Code;
(C) a flagpole attached to a dwelling or a freestanding flagpole be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling;
(D) the display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and
(E) a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;
(2) that regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one flagpole per property that:
(A) is not more than 20 feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or
(B) is attached to any portion of a residential structure owned by the property owner and not maintained by the property owners' association;
(3) that govern the size of a displayed flag;
(4) that regulate the size, location, and intensity of any lights used to illuminate a displayed flag;
(5) that impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or
(6) that prohibit a property owner from locating a displayed flag or flagpole on property that is:
(A) owned or maintained by the property owners' association; or
(B) owned in common by the members of the association.
(c) A property owner who has a front yard and who otherwise complies with any permitted property owners' association regulations may elect to install a flagpole in accordance with either Subsection (b)(2)(A) or Subsection (b)(2)(B).
See https://statutes.capitol.texas.gov/?tab=1&code=PR&chapter=PR.202&artSec=
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By JesseD on 12/21/2025 7:00 AM
I have decided to mount and wave the American flag at my home. Should there be any HOA opposing rules against expressing our patriotism at our residence?
I have decided to mount and wave the American flag at my home. Should there be any HOA opposing rules against expressing our patriotism at our residence?
Some people find it patriotic to display the flag upside down signifying the country is in distress. You are good with their patriotism aren’t you?
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Please note, you are (technically) making a change to the exterior of your home. Therefore, you should go through the process of requesting approval for the flag mount.
If the Association denies the mount, then (and only then) you might have an issue.
If the Association denies the mount, then (and only then) you might have an issue.
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