HOA threatens American flag-flying homeowners as they fight for Old Glory before nation’s 250th birthday

If flying a big, ostentatious American flag is OK, then how about an equally sized:

Gay Pride flag?

Ukrainan flag?

Portrait of Josef Stalin?

TRUMP banner?

Starbucks logo banner?

Superman cape?

EU flag?

Jolly Green Giant shorts?

These HOA rules are intended to keep the neighborhood looking a certain way. The rules are made clear before anyone purchases a home there. Maybe the flag restriction is silly. Then a majority of the homeowners in that community should decide. In the meantime, the restriction is a contract.

If I was in an HOA I would support allowing people to fly whatever flag they want on their property. 

I agree with you that in the meantime it is a contract. 

US law forbids HOA's from banning people from flying the flag.  

 In 2005, Congress passed the Freedom to Display the American Flag Act (H.R. 42), ensuring that no homeowners’ association (HOA), condominium board, or similar group can prohibit residents from displaying the U.S. flag on their property. This law was created to protect Americans from unnecessary restrictions and to uphold the right to display the Stars and Stripes with pride.

Once again commie kevin is wrong

Yeah, but the problem is that statute has no enforcement mechanism. No punishment for violation. 

It has about as much teeth as the law prohibiting using the flag in advertisements, or printing a flag design on paper plates and napkins, or wearing it as a cape. 

Technically violates federal law but with no enforcement mechanism it doesn't matter. 

OOOOOH, TOMMIE called me a COMMIE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

The Act doesn't prohibit an HOA from "any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to the interest of the...association." (quotation from the text of the Act).

Therefore, the homeowner has the right to display the flag...but only within the rules of the HOA. Those rules can include size, location, visibility, and time of the display. 

The HOA has said in this case that the displays violated those rules. They aren't telling the homeowners to display the flag; they're telling them to stay within the size and space limits stated in the HOA rules. The Acr allows HOAs to regulate this.

Stupid Commie With No Mommy Tommie.

That statute, if you read it carefully, does NOT prohibit an HOA from restricting flag displays. A homeowner has the right to display the flag--but HOW he can do it is still under the aegis of the HOA. In this case in San Marcos, the flags displayed were deemed to exceed the guidelines spelled out by the HOA, in terms of size and placement.

It's not any different than a homeowner not being able to paint his house bright green with polka dots. In the absence of any agreement, a homeowner has the right to do whatever he wants with his property. However, there are always municipal limitations--which are collective agreements--and HOAs, homeowners' "associations," draft further agreements. Those often include, and certainly did in this case, restrictions on signage, displays, etc.

If I cared about how my neighbor decks out his property--and to be clear, I personally don't--I might care about that fifty-foot-tall flagpole with Old Glory flapping in the breeze. Maybe I just don't like ostentation? Maybe I like the low-key look of the neighborhood that's one of the reasons for the HOA? Who knows? The contract is there for a reason, and the "hedge" of the Act is the clause that said contract can still regulate the display of the flag.

In other words, HOAs can't tell homeowners to NOT display the flag, but they can still tell them HOW.

Yes the federal law states HOAs can still have reasonable regulations to protect a substantial interest of the HOA 

I believe this would be things like giant flagpoles and stuff. 

This HOA seems to be banning flags out right.

The examples I saw seemed pretty reasonable to me. 

One was just a normal sized flag attached to the frame of the garage door. 

I don't believe prohibiting that is in the letter or spirit of the statute. However with no enforcement mechanism it doesn't matter. 

Well, let's eliminate the assumption that everybody and his dog does and should welcome a display of the sacred, holy, patriotic American flag. In other words, maybe somebody, somewhere, doesn't want to see it? What about them? Wouldn't that be in the same category as the HOA forbidding you to paint your house bright yellow? You're asked and required to regulate the appearance of your house and your property, the rationale being that you don't want to bother your neighbors.

So this HOA may be considering the display of an American flag to be ipso facto a disturbance to the neighbors. I don't agree with that policy, but I can see where it might come from. I strongly suspect that there was a prior kerfuffle wherein one or more residents cobbled together a really ostentatious "patriotic" display, and the HOA banned it. Then, rather than get into a back-and-forth about what degree of what should be allowed, they just said, "OK, no flag displays at all."

I want to reiterate that this isn't about "patriotism." It's about whether a contract is enforceable. And when a contract contains words that are subjective, such as descriptors for the visual qualities of the homeowners' properties, it's always a potential source of debate and litigation.

As far as an enforcement mechanism is concerned...the Flag Police is the last thing we need. 

About a mile down the road from my house, there's a farm property, and the owner has both a huge TRUMP sign and a big ol' American flag on a big ol' substitute penis flagpole. I would argue that one cancels the other out, since you can't be for TRUMP and be an American at the same time, so his display is offensive. But a man's home is his Fuhrerbunker.

If it is pro American you can count on kevin to be against it.

The flag has been flying on this person's property for 20 years with no prior objection.  It is a standard sized American flag.If somebody doesn't like it that is their problem.

The enforcement mechanism is to waste people's time in court for a judge to say it is legal.  What will happen is the HOA's lawyer will tell them to give it up. 

There are people who join these boards because they have never been in charge of anything in their lives and finally get an opportunity to do so and all they do is cause chaos.

I gave up being on my coop board in NYC for that reason.

My current board here in Phoenix was so bad they actually were impeached from this volunteer position 

I'm betting that if Kevin had been the first to find and post this story he would agree it is ridiculous overreach. 

What recourse does the HOA have against the homeowners?  Double their dues?  Lawsuit?

I'm betting the HOA 'bell cow' or other 'leader' doesn't like the homeowner and/or his wife.

Candy