A man who spent a quarter century as a Central Florida deputy is now being told he is breaking the law in his housing community thanks to a ‘Blue Lives Matter’ flag hanging from his home. Sean Kennedy flies the flag from his New Port Richey home in Pasco County, where he spent 25 years […]
HOA tells local police chaplain to remove ‘thin blue line’ flag (CO)
A local police chaplain says his homeowners association is demanding he take down his “thin blue line” American flag. It comes at a time when he says the officers he works with need support the most. He says the past three weeks have been very trying for his officers. He wants to show his appreciation […]
“Don’t Tread on Me”: The Permissibility of the Gadsden Flag in Your Community (FL)
Is flying the Gadsden flag (i.e., the yellow “Don’t Tread on Me” flag with a snake) considered a flag of the United States of America and is it permissible in your community association? It depends Read the article………………………….
Oro Valley Homeowners Association responds to renter with flagpole in question (AZ)
Thursday night, News 4 Tucson spoke with Joseph Lumpkins, the HOA board president. “First of all, we didn’t bully him,” Lumpkins said. “We don’t talk to him. We talk to the management company, his management company. You can’t attach anything to a common wall. We own that common wall. That’s our wall, the association’s wall.” Read the […]
How Should Community Associations Handle Flags?
Flags are a tough issue for any HOA looking to promote a tidy, unified curb line. Flags tend to make homes stand out from one another and some cross the neighborhoods style-guide into gaudiness or are so large that they overwhelm the rest of the landscaping. But where do you draw the line between a […]
HOA Myths and Misconceptions Series: Flags
A common HOA myth is that residents have the right to fly the flag of their choice at their home. The truth is that Congress enacted the Freedom to Display the American Flag Act in 2005, which prohibits HOAs from unreasonably limiting the owners right to fly a flag on their individually-owned property. The association […]
7 years later: Veteran still fighting with HOA over American flag (FL)
An Air Force veteran living in Jacksonville, Florida is suing his former homeowner’s association after it reportedly said his display of the American flag violated HOA rules. On Tuesday, Larry Murphree was interviewed by a radio station in Virginia about his upcoming court hearing. He is suing his former HOA for $1 million. Read the […]
Can and Should Homeowners Associations Regulate Flags?
Most of the time, Homeowners’ Association rules are pretty straight forward. Certain architectural restrictions are understood, fees are due a certain day, etc. However, there are a few times rules that affect issues that can be very sensitive for the community. One example is the homeowners’ ability to fly flags. What should be allowed that […]
Mother of mass shooting victim wins partial victory vs. HOA over flag honoring son (NC)
There’s movement in a battle over a flagpole, and it’s not caused by the wind. A grieving mother in North Carolina has been in a months-long dispute with her homeowners association and property management company after they said that she was violating their rules by putting up a flagpole in her front yard. Read the […]
Howell Vietnam vet allowed to keep flagpole that HOA initially denied (NJ)
A Vietnam veteran who had been denied for months the right to install a flagpole in his front garden reached an agreement with his homeowner’s association Friday to keep the stars and stripes in place. Read the article…………………..
Wake Forest family balks at HOA rule against flag pole (NC)
A Wake Forest family grieving the death of their son in a Feb. 2019 mass shooting in Illinois installed a flagpole to honor him – with the American flag at the top and an “Aurora Strong” flag below – only to find themselves at odds with their homeowners’ association. Read the article……………………..
Flagpole at condo complex dedicated to veterans (WA)
Retired Baptist pastor Howard Cooper speaks slowly, with a steady Texas drawl. At 91 years old he has kind eyes and a smile that lights up any room; he’s also responsible for spearheading the effort to get a flagpole installed at The Cedars condominium complex in Burlington. Read the article………………………..
Local veteran upset about tattered flag outside condo (FL)
A local veteran is upset because one of the American flags flying outside his condominium complex in suburban Lake Worth has been tattered for months and no one has replaced it. U.S. Air Force veteran Richard Rosen said he complained to the Gramercy At Poinciana Condominium Association board president. Read the article………………………
Homeowner’s Puerto Rican flag can stay up for now, HOA reviewing its policies (FL)
A homeowner of the Rolling Hills Estates is happy to hear her home owner’s association is reviewing its policies, after she brought them into question over a flag flying outside her home. Read the article……………………..
Army veteran asked to remove Puerto Rican flag at Kissimmee home by homeowners association (FL)
A controversy is brewing in Kissimmee between a homeowners association and an Army veteran who says all she wants is the freedom to fly the flag of her choice at her home. Frances Santiago spent 14 years as an Army medic, including two tours in Iraq. Read the article……………………
Flags Governed By Statute (FL)
Q: An issue has arisen in my homeowners’ association concerning what flags are permitted to be flown by homeowners. Certain owners have begun flying historic versions of the American flag stating that they are allowed to do so under the law. Can you give some guidance on this issue? Read the Q&A…………………………
Howell veteran fights back after being denied an American flag pole at his home (NJ)
Ever since the local homeowner’s association denied Mike Burtt’s request to install an American flag pole in his front garden, the Vietnam veteran has taken matters into his own hands. He removed a smaller flag pole that had been attached to his house — which he says kept falling off — and stuck it in […]
Vietnam vet’s flagpole request shot down by homeowners association (NJ)
It’s been 50 years since Mike Burtt exited Vietnam after a year-plus U.S. Army deployment that left him with Post-Traumatic Stress Disorder and other health issues. But, even a half-century later, he remains as proud as ever for his service, and that of others, and wants to show it daily by raising a flag in […]
Regulation of Display of American and North Carolina Flags in HOA & Condominium Associations
Happy Fourth of July! It is the time of year when our firm gets many questions regarding the display of United States and North Carolina flags in their community associations. Summer is a popular time of year for sun, sand, BBQ cookouts, and for display of patriotism! In our experience, we have found that most […]
Can Condos Prohibits Canadian Flags?
With Canada Day just around the corner, Canadian flags will start popping up everywhere, including in Condo Land. Inevitably, this will lead to a yearly question: can condos prohibit owners from displaying their maple leaf pride? We tackle this question in this post. Read the article……………………..
Woman outraged after being told to take down ‘improper’ pride flag: ‘It’s a right of freedom of expression’ (FL)
Just a day before the kickoff of largest LGBTQ Pride celebration in Florida, held in St. Petersburg, a resident of the city was told to remove the Gay Pride flag she’d hung on her porch, after fellow condo owners complained, calling it “improper.” “We have a Home Owner’s Association (HOA) community here that is very […]
HOA vs. Old Glory (CO)
As we approach the Fourth of July, you and many of your neighbors are probably planning to fly the American flag. However, if you live in a community governed by a homeowners association, this benign act of patriotism may be against the rules. In fact, a quick Google search reveals pages full of news articles […]
Condo complex pushes back on US flag display in Sagamore Hills (OH)
A man’s act of patriotism has become a big source of friction. Every year, Anthony Prusak places American flags in public areas of his condominium complex during holidays. “Such as Memorial Day,” he said, explaining the tradition goes back to his childhood. But not everyone at Greenwood Village in Sagamore Hills likes it. Last year, […]
Buckhorn HOA Recognizes Memorial Day (FL)
For 16 years, the homeowners association (HOA) in Valrico’s Buckhorn subdivision has displayed patriotism by decorating the community with flags before Memorial Day weekend. This year, the group placed 782 flags, one at each of the homes in the subdivision and 130 at the community’s entrance, to remember and recognize those lost fighting for the […]
Red, white, and blue: Tips for displaying the Stars and Stripes
The Star-Spangled Banner. Old Glory. The red, white, and blue. No matter how Americans refer to the U.S. flag, everyone has the right to fly it. Flag Day, held annually on June 14 since 1916, should serve as a good reminder for how all should properly and proudly display the Stars and Stripes. Read the […]
Freedom in Associations: Exercising Free-Speech Rights in an HOA
Freedom of speech is perhaps the most cherished and most important protection provided by the United States Constitution. The delegates to the Constitutional Convention viewed citizens’ right to speak their minds without fear of government retribution as so important that “freedom of speech” is enshrined in the very First Amendment of the Constitution. Indeed, many […]
Meet ‘The Flag Man’: He’s installed more than 260 American flags in his neighborhood (LA)
Miller hopes to install flags on 350 or more of the 400 homes in Sugar Mill Pond by the neighborhood’s Independence Day Celebration in July. So far, only a handful of people have turned down his offer to install a flag. He’s also spoken with local builders, who have agreed to include a flag kit […]
Know the Rules Regarding Raising the Flag and Flagpoles
Homeowners associations and condominium communities are in the best position to determine the appropriate size, placement and installation of flags and flagpoles in their communities. That’s why CAI applauded the 2006 enactment of federal legislation giving residents the right to fly an American flag as long as they do so in compliance with association rules […]
No fine for Fort Hood soldier flying American flag in Killeen neighborhood (TX)
Associa Hill Country of Round Rock’s legal counsel said there was never an active investigation opened, so no fine was ever on the horizon for Sgt. Chris Link. Read the article……………………….
Flags meant to support police torn down at Palatine condos (IL)
American-style flags with a blue stripe designed to support law enforcement are back up at a Palatine condominium complex near Lake-Cook Road, replacing the original batch of 14 that authorities say was ripped down during National Police Week. Palatine police Cmdr. William Nord said an investigation into who caused the damage continues. An examination of […]
HOA responds to Gulf Shores condo American flag flap (AL)
Today the condo’s Home Owners Association President is weighing in. HOA President Jan Howard tells NBC 15 no one has ever been told they cant fly the American Flag, it’s how they fly it and where they fly it that might be in question. Read the article………………………
Veteran battles HOA in Las Vegas over flag pole violation (NV)
A Vietnam War veteran says he is resisting his community homeowners association about a flag pole being in violation in his front yard. Ted Deyoung’s said the flag in his front yard has been there for nearly two decades, so instead of taking the pole down, he decided to fight back. Read the article……………………
American flag flying high again in Wyndham veteran’s yard (VA)
Richard Oulton’s U.S. flag – the one that stirred controversy and earned him national headlines when he pledged to fly it despite a judge’s order more than 15 years ago – has returned once again to a towering flagpole in his front yard in the Wyndham neighborhood in western Henrico County, . Ordered by a […]
Fort Lauderdale man says condo association cited him for flying American flag (FL)
Lauer’s American flag flies right over his enclosed patio. But the condo association has since tweaked its rules on where the personal U.S. flags should be placed. “It’s very unfair, especially (because) there’s a lot of military and ex-military and disabled veterans that live in this complex, and they should be able to fly their […]
After decades of trying, Vietnam veteran allowed to put American flag up outside Henrico home (VA)
The story sparked national attention: Vietnam veteran ordered to take down the flagpole in his yard. In 1999, the Wyndham Homeowners Association told Richard Oulton the pole with an Ameican flag on it violated neighborhood by-laws. When the case went to court, Oulton lost. Read the article…………………..
Pinellas County homeowner fighting association to continue flying rainbow flag (FL)
A homeowner says he’s not backing down after his condo association put new rules in place that don’t allow his gay pride flag to fly. We learned the controversy isn’t just happening in Tampa Bay. “I put this up four years ago,” Richard Hughes said, pointing to his rainbow flag. “Because I’m not ashamed of […]
HOA flag controversy in The Villages (FL)
There was a big controversy over a small flag on a quiet street in The Villages. Joe and Peggy Ganci were outraged that their community classified their American flag as a “lawn ornament.” “Regardless of how it flies – whether it’s on the house, on a pole, or in the garden, it’s still the American […]
HOA Flag Rules: What you Need to Know
Whether they represent countries, states, or even holidays or professional sports teams, flags are common yard decorations. Chances are that homeowners in your community will want to display one type of flag or another at some point. It’s a fun way for them to express patriotism, pride, and festivities. As an HOA, it’s smart to […]
Disputes Over Signs and Flags in Your HOA (NC)
Few topics or disputes can get as emotionally charged as when a homeowners association tells a homeowner that they cannot display a sign or flag in their yard. Often these outward signs are expressions of beliefs which are at the core of these homeowners passions, but exactly opposing those of others, and the resulting arguments […]
HB 5440: Michigan HOA’s could not prohibit the display of the American or State Flag
Michigan House Bill 5440 was introduced on January 24, 2018. HB 5540 would prohibit a Michigan homeowner’s association or neighborhood association from prohibiting the display of the United States flag or the state flag of Michigan. HB 5540 provides as follows: Read the article…………….
Unit owners can display American or military flags (FL)
Q. We live in a community that forbids owners from displaying any flag. With Independence Day coming up soon, is this prohibition enforceable? Read the Q&A………….
Can a Condominium Corporation Prohibit the Display of the Canadian Flag?
With Canada Day just around the corner and important festivities expected to take place this year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere. How are condominiums to deal with requests from owners wishing to display their maple leaf pride? Read the article……………
With Memorial Day, Flag Day and 4th of July right around the corner… let’s talk flags! (AZ)
Neighbors are bringing our their Red, White and Blue in preparation for the upcoming patriotic holiday. Now is great time to review Arizona’s laws regarding flags in HOAs! Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), an association […]
Can Your HOA Prohibit You From Flying Your Favorite Flag?
Flags are common yard decorations; drive around any community and you’ll see everything from holiday flags to sports team banners. If you live in a planned development, however, hanging your favorite flag might result in a demand from your homeowners’ association (HOA) to take it down. Can your HOA really ban you from flying a […]
Building a Flagpole Antenna in an HOA
Many homeowner associations (HOAs) frown on ham radio antennas. So dedicated hams are forced to get creative, often turning landmarks into operable antennas. John did just that, and shared his project with us this week. John lives in The Villages, Florida, where more than 350 other hams reside, and 227 are members of the K4VRC […]
Can a Condominium Corporation Prohibit the Display of the Canadian Flag?
With Canada Day just around the corner and important festivities expected to take place next year for the 150th anniversary of the Confederation, Canadian flags will start popping up everywhere and condominium corporations may be faced with situations where owners wish to display a flag in their windows or on their balcony. Read the […]
Flying an American Flag in Your Condominium Project: What Every Co-owner Needs to Know (MI)
Each year on Veterans Day, we honor our men and women in the United States Armed Forces. As a small token of appreciation, many Co-owners routinely fly the American flag in honor of loved ones who have served or currently serve in the United States Armed Forces. However, many questions arise regarding the rights and […]
Flying The American Flag – Can and Should HOAs restrict?
Recently our law firm was approached by an HOA that wanted to restrict its residents from continually flying the American flag. Needless to say HOA members and other Utahns were outraged over any restrictions regarding the American Flag. Local and national television and online media outlets happily covered the story and the ensuing controversy. Read […]
America’s Birthday and Flags
On the cusp of America’s birthday, I get to thinking about our national flag – what it represents, and the emotions it evokes in people throughout the world. We all have our own ideas about these things, and how important it is to demonstrate our allegiance. Some people, while as patriotic as anybody else, prefer […]
Easy Guide to the U.S. Flag Code
Most of us learned growing up that during the Pledge of Allegiance we’re supposed to stand at attention facing the American flag with our right hands over our hearts. Persons in official uniform render military salutes. Hats should be removed unless part of a uniform or religious attire. Read the article………