Flag Display Policy

Started by GlenL • 2 replies • 1665 views

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GlenL (Ohio)
Posts: 5,491

Posted:

I posted a list of policies and procedures every HOA should have in place and it was suggested that we tackle each one separately two or three at a time. The idea being if everyone posts theirs we can help HOA's without any to develop a Policy & Procedures manual. All policies should be vetted by the HOA's attorney to make sure they comply with the CC&R's and any applicable State laws. Furthermore CA has specific regulations that require the HOA to publish some policies annually. http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/81934/view/topic/Default.aspx

Let the Good Times Roll Homeowner's Association - Flag Display Policy

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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JamesG (Connecticut)
Posts: 83

Posted:

Here is our flag policy:

Resolution #2 Establishing Rules for the Display of the American Flag

WHEREAS, it is the desire of many residents of ___________ to properly display the American Flag; and

 The Freedom to Display the American Flag Act of 2005 (HR 42) was signed into law; and
 Flags must be displayed consistent with the provisions of the Federal Flag Code, or any rule or custom pertaining to the proper display or use of the American flag; and
 According to the Act community associations may place reasonable restrictions pertaining to the time, place, or manner of displaying the American Flag necessary to "protect a substantial interest" of the community association; and
 The Executive Board of the ____________ Condominium Association is empowered to enact rules that regulate modifications to the common elements of the community;

THEREFORE, BE IT RESOLVED that the following rules regarding the display of the American flag are hereby adopted by the Executive Board:

 All residents are permitted, without Executive Board approval, to display an American Flag in a manner consistent with the Act and the Federal Flag Code and that;
 The flag may be displayed on any day, but must only be displayed between dawn and dusk and that;
 The display of the flag must be in the limited common element area reserved for the exclusive use of that resident and that;
 The flag display must be a 3ft x 5ft nylon flag, attached to a white 6ft pole, the 45deg pole support bracket of which is to be mounted at a nominal* height of 5ft above the ground level in a manner that will provide a 90deg pole angle relative to the building in the horizontal plane and that;
 The flag display must be mounted from a porch column or a solid surface trim board only on the front of the unit and that;
 The flag display must not be located in a position that would disturb the residents of an adjacent unit or obstruct a walking path and that;
 In order to maintain consistency throughout the community, the flag display must be purchased through the Architectural Review Committee (ARC) of the Association, which will provide the installation in a manner consistent with these rules.

* Final positioning of the bracket to be determined by the ARC.

Rules are effective on October 5, 2007.
Adopted by vote of the Executive Board on October 1, 2007.

BrianB (California)
Posts: 2,820

Posted:

it's nit picky, but i find it is in the early writing that we SHOULD be nit picky..

be careful of terms. An American Flag might be any flag made or produced in America... THE American Flag is a bit more specific. however, why not state "the Flag of the United States of America" and remove all doubt?

If you allow other flags (state flags, other federal flags, etc) be sure to deliniate exactly what IS allowed. If you allow "other flags", you might get historical flags, advertising flags, UN flags, Political Flags, comedy flags, etc.. I think it's better to put a clause that only those flags mentioned by name are allowable (ie, we define what IS allowed here, all others are not).

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