Our Flag--HOA Laws

Donna,
I live in an area that has a large military concentration. Right near Parris Island and Marine Air Station. The resident community here are very respectful to and of the military. Never a day goes by that the people, all of them, don't have at least a casual exposure to the military. Each week our local paper publishes the names of the graduating class at Parris island, and each week there is a section of the paper dedicated to the military presence, I usually wear an old baseball hat that makes me look like a bum, and I have had my CPO emblem on all of my baseball hats. I have had numerous people people stop me and thank me for my service to my country. This has only happened in the past couple of years. In the paper yesterday a restaurant owner here in town is throwing a Bar B Que for a section of Marines on Parris Island. He says he thinks if he does this, they may grant his wish to take his Bar B Que stuff to Iraq and throw a party over there.
So, the Flag around here is treated with respect and there are plenty of retired Military that don't mind voicing their displeasure with a public display that disrespects the Flag.

Gives you a good feeling, especially on the 4th.

HOA Rules: What You Must Know About Flag Restrictions

On May 28, 2008, Florida Gov. Charlie Crist became the latest politician to wade into the debate over homeowner associations' restrictions on flag displays. Crist signed a law allowing Florida homeowners to build a freestanding flagpole of 20 feet or less and fly a flag as large as 4.5 feet by 6 feet. That action ended the fight between a retired U.S. Navy officer and his association, which barred flagpoles in homeowners' yards.

Florida isn't the only state where association restrictions are butting up against homeowners' patriotism. Associations throughout the country have placed restrictions on homeowners' display of the American flag. Often, the homeowners call the local media, and the association board members end up looking like unpatriotic despots.

Why do associations even restrict flag displays? Some displays can be noisy or unattractive. Having to listen to a "talking" flag or the thump, thump, thump of a metal chain or rope against a flagpole can be an irritant for neighbors. Also, some people consider tattered flags or lights highlighting flags disrespectful. Finally, holes are often drilled to hold flag displays, and that can create water damage issues. All of those potential problems are sound reasons for associations to provide guidance to homeowners on flag displays.

Before you do, however, make sure you understand the laws governing the issue. Under the federal Freedom to Display the American Flag Act of 2005, no condo, co-op, or homeowner association can restrict its owners from displaying the U.S. flag on their property. But there are exceptions. Associations are permitted to place reasonable restrictions on the time, place, and manner of the display to protect a "substantial" interest of the association. The bottom line? Federal law prevents associations from enacting blanket bans on flag flying but allows restrictions that are reasonable and necessary to protect owners' interests in association property.

You'll also need to research your state's law. Some have passed laws governing homeowners associations' rules on flag displays, while others have left the issue to be resolved between homeowners and their associations. Colorado's law, adopted in 2005, is typical. In Colorado, associations must allow flag displays on a unit owner's property, in a window of the owner's residence, or on a balcony adjoining the owner's property as long as the display complies with the Federal Flag Code. But associations can adopt rules restricting the placement, manner, size, and location of flags and flagpoles. Associations must also allow owners to display service member flags identifying their military service on the inside of a window or door of their unit, but associations can restrict the size and manner of the display.

Given the maze of rules governing flag displays, here are a few questions to ask yourself before enacting restrictions in your association:

1) Do we even have a problem? If you aren't currently grappling with oversized, poorly placed, or unattractive flag displays, is it worth the grief of enacting an emotion-charged rule for a problem that doesn't exist?

2) Do we know the law? If you create a flag display rule, read the entire text of both the federal flag law and you're state's law—if it has addressed the issue—so that you fully understand your rights. You can find the Federal Flag Code here.

3) What's reasonable? Though federal and some states' laws are vague, often the gist is that both associations and homeowners must be reasonable. You're probably safe if your rule isn't absolute (no flag displays) or overly restrictive (no flags bigger than six inches by two feet), and your residents are probably safe if they erect reasonably sized and tasteful displays that don't damage association property.

It's possible to handle the flag display issue without becoming public pariahs. The easiest way to do that is to ask yourself: How will our association be perceived if our rule were reported in the local paper? If you're at all unsure, rethink your rule.

copied from HOALeader

The flag must be lit at night if it's to fly 24/7. Since no one wants the resp. to take the flag down each evening, I would say to forget about a community flagpole. Let each member do their own thing. Frankly I wouldn't even have bothered with the survey since not one member complained -- in seven years!! -- that the flagpole was gone. And, the fact that almost half the members didn't even feel compelled to vote tells me something about the mindset of your members!!

Mary,
I think the heat is getting to you. Just kidding. I agree about the survey, I say follow your documents about flying flags. But the U.S. Flag is another matter when your governing body decides they want to fly a US flag. EVERY association should have a Flag Pole, I don't care what your internal regulations are. I think the reason you give that you would not bother to worry about it is the very reason we should all worry about it. I may be a cranky old fool, but I sincerely believe the people of this county still believe.
If we, as a community forget about our Flag. we are not a community.
There is nothing I know of that speaks louder or stronger than to see the Flag flying. Remember the Board has responsibility to this county also, they can make a flag pole and a flag appear, they are not doing their duty if they don't.

Anna - the next time somebody grumbles about the missing flag pole, offer to put them on the list of flag keepers. I'm not a believer in the idea that those who don't participate don't have a right to complain, but I am more likely to listen to complaints from people who do participate.

Dwight, I LIKE your comments here!

Robert, you wrote: "However your solution seems simple. Either put it where you have electricity or run a wire for a junction box. The power can be set on a photocell and that is the end of it."

We had an electrician come out to see where we could hook up power, for lights. We have ZERO electric access anywhere on the outside of the property. Except waaaaaaaaaay back in the pool area. I'm sort of a dummy when it comes to electricity; except I DO know not to stick a knife into a plugged-in toaster. Could you give me a little more information?

Anna,
I pretty much agree with Kirk.

You could look into solar power also. The light to illuminate the flag won't need a lot of power.

Why is the Flagpole outside the property and why would you want to put a flag pole on someone else's property. Surely if there was a residence nearby, you could tap his box and pay him a small amount for the electicity used. What would the electric cost? I don't know but if you know what size bulb you are going to use and how many hours a month the light would be on I am sure your electric utility could tell you.

Right on Dwight...it's the quickest way to get them to stop carping. Works every time.

Robert,

Maybe the heat IS getting to me. It's been in the low triple digits and it supposed to go to 115 in the next day or so!

As for each HOA have a flagpole; that may not be possible for all HOAs. Ours is spread out over 17 s/d's making it impossible to choose a location that would identify our HOA. Each of the s/d's has an entrance (some have two), but our HOA does not have an entrance per se.

Yeah, I do remember those small town parades. I remember the fireworks too. My city of Glendale cancelled the fireworks display this year because of the financial woes they're feeling this year. The Coyotes caused alot of it!! (That's the hockey team not the 4-legged creature which we see a lot of here! )

I may just suggest the 17 flags to our board. I think all the entrances are lit so that wouldn't be a problem. I know patriotism is alive and (somewhat) well in this country, it's just sad that you sometimes have to look for it. On our little cul-de-sac of 11 homes, only 2 flags were displayed on the 4th; ours and that of our neighbor who flies his 24/7.