AZ: Valley veteran prevented from flying flag

I found the following article quite interesting. The fact that was not brought up in the article is that this is a condo community and, as such, the area where this gal wants to hang the flag is a common area. Therefore, the assn has the right to deny this. I agree it does sound unreasonable, to only allow the flag to be hung from the shed in her back yard, but this may be the only exclusive use area. If this is the case, then the assn is not violating the law by imposing this restriction. One thing the BOD has done wrong, IMO, is to discuss this issue with the renter. The property owner should be made aware of this violation especially since the renter says she will continue to fly the flag on her front porch.

Valley veteran prevented from flying flag in front of home

SCOTTSDALE -- Arizona State student Merrill Magowan is an Army veteran who rents a home in the Chateau de Vie III neighborhood.

She regularly hangs the United States flag in front of her house. But now she says she can't do it anymore.

In mid-April, the homeowner Magowan rents from received a letter from the homeowners association asking for the flag to be placed in a different area on the property.

The letter was signed by Evelyn Shanley, the association manager from Tri-City Property Management Services.

"It appears you have hung a flag out on the front of the unit," the letter read. "The flag can only be placed on the sheds. You also need to remove the flag holder and repair any holes in the front."

The shed at the back of Magowan's townhome is next to a parking lot and a dumpster.

According to the letter, it was a request to "maintain property values and aesthetic appeal of the community."

"They're calling the flag ugly," said Magowan. "I just can't see how anyone could see this as being anything other than an improvement," she said, explaining she would like to see all of her neighbors displaying the flag on their front porches.

Magowan said she believes she has the right to fly her flag anywhere she wants.

She said the Freedom to Display the American Flag Act of 2005 protects her.

That act states:

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

In Magowan's association rules and regulations booklet, her flag policy references the Arizona Revised Statutes, sections 33-1261 and 33-1808.

The rules state:

The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag. ... The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole.

"I don't think hanging it behind my house is reasonable," Magowan said.

Magowan said she will continue to hang her flag on her front porch regardless of requests from the HOA.

The HOA has not responded to ABC15's multiple requests for a comment by deadline.

Donna,

I thought that was weird too. I'm thinking the assn allows the owners to build a shed, so technically the shed is theirs although it sits on common area.

First, I will say that it is hard for me to explain what the flag means to me (and any other person who has served in the Army). But suffice it to say that it is very much a button issue. And it is not an area to send anyone who doesn't have impeccable skills in tense conversations.

That being said, I will say that I think some people are entirely too tied up in their little bubble of what things should look like. They see a flag and figure if it isn't challenged then it will lead to all sorts of evil. Meanwhile they don't grasp that the person to whom they are going to speak to see just the opposite. (The lack of a flag will lead to all kinds of evil.)

Anyway, regardless of what you can and can't allow, I think that if the US flag is not in danger of causing damage to life or property it should be given a pass. In most of the cases nobody will win and certainly not the HOA. Sure, they might get the flag taken down or moved, but they weaken their standing in the process. More and more states are passing "right to fly" laws because of such actions. And this action will likely spur on a bill that eliminates any ability of an HOA to restrict the flags.

I think we are overlooking something important here. Both the association board and the management company should know that this is a highly charged issue. They should recognize that confronting a resident with a request to move a flag could/would generate media interest.

Every association--every property management company--ought to have a media response plan in place, rather than either "no comment" or "no response by press time" approach.

I would suggest there is negligence here. Members of the association deserve better from the board and the property manager.

Does your association have a media plan in place? Is there a designated and easily available media contact? Inquiring minds want to know.

I agree some errant boards overstep their authority, and making these type of rules regarding flying the US flag is a good example of this. However, this is a condo assn and the AZ HOA flag bill does gives the board the right to ". . .adopt reasonable rules and regs regarding the placement and manner of display of the American flag. . ." In fact this same provision is in the planned comm. statute, but of course a property owner in a planned community has more options for placing the flag on "his" property. I certainly do understand this renter's frustration but if she's going to rent a condo she should know exactly what she's getting into. It's apparant she doesn't know anything about condo living; i.e., exclusive use area, limited common area, common area, etc., etc.

To all,
How about some comments about this brochure business.
If George gets his list together, should it be included in a Brochure as part of a handout REQUIRED for all owners selling their units. Meaning that they would be required to have a supply of handouts in their unit for distribution to lookers wanting to buy.

Robert,
JOhn is right, trying to force anyone to read a list, ask the appropriate questions AND to get valid, correct answers would be a far stretch of reality. Some States do have disclosure forms that are notorized by the HOA, answering many of the questions from our posters lists. I know that I was totally blind when I bought in my first HOA but we were lucky. Because HOAs are so common now, I think that people are smarter when the look at a purchase in a developement and at least are aware that there are dues, etc. And Real Estate laws are stricter to include full disclosure before a buyer signs on the dotted lines in most States.

Maybe they just don't want association money, which they paid for, spent on a flag pole? (wink)