A recent story on The Upshot blog chronicles how homeowners in Arizona and Colorado have fought their associations to fly their flags of choice (a "Tea Party" flag and a "Don't Tread On Me" flag). Both homeowners associations initially demanded that the owners remove the flags. The owners resisted and threatened legal action. The Colorado association eventually decided to reclassify the flags at issue as political signs and allow them. The Arizona association maintained its strict interpretation of that state's law and refused to permit the display of the owner's flag. It is unclear whether the owner in that dispute will challenge the association's position in court.
The Freedom to Display the American Flag Act of 2005 is a federal law that protects citizens' right to display the U.S. flag. It prohibits condominium associations, cooperatives, and real estate management associations from taking action to prevent residents from displaying the U.S. flag on their property in accordance with the Federal Flag Code. The Act permits associations to impose reasonable restrictions on the time, place, and manner of flag displays if those restrictions are necessary to protect a substantial interest of the association.
The Washington state law governing homeowners associations protects the right of owners and residents to both the outdoor display of the U.S. flag on their property and the outdoor display of political yard signs on their property before a primary or general election. Homeowners associations are permitted by those statutes to impose reasonable rules regarding the placement and manner of displays of the U.S. flag and political yard signs.
The Washington state laws governing condominium associations, on the other hand, do not contain any provisions protecting the display of flags or political signs. Washington condominium associations are still required to permit the display of the U.S. flag in accordance with the federal law discussed above, but they do have more freedom than homeowners associations to restrict political signs.
Community associations' governing documents often contain provisions restricting the ability of owners and tenants to display flags and signs, and such provisions are enforceable as long as they do not violate applicable federal and state laws. Since attempts to end flag and sign displays often provoke strong emotional reactions and can incite litigation, boards should base enforcement actions squarely on the standards stated in their associations' governing documents and apply those standards uniformly across their communities.
The Freedom to Display the American Flag Act of 2005 is a federal law that protects citizens' right to display the U.S. flag. It prohibits condominium associations, cooperatives, and real estate management associations from taking action to prevent residents from displaying the U.S. flag on their property in accordance with the Federal Flag Code. The Act permits associations to impose reasonable restrictions on the time, place, and manner of flag displays if those restrictions are necessary to protect a substantial interest of the association.
The Washington state law governing homeowners associations protects the right of owners and residents to both the outdoor display of the U.S. flag on their property and the outdoor display of political yard signs on their property before a primary or general election. Homeowners associations are permitted by those statutes to impose reasonable rules regarding the placement and manner of displays of the U.S. flag and political yard signs.
The Washington state laws governing condominium associations, on the other hand, do not contain any provisions protecting the display of flags or political signs. Washington condominium associations are still required to permit the display of the U.S. flag in accordance with the federal law discussed above, but they do have more freedom than homeowners associations to restrict political signs.
Community associations' governing documents often contain provisions restricting the ability of owners and tenants to display flags and signs, and such provisions are enforceable as long as they do not violate applicable federal and state laws. Since attempts to end flag and sign displays often provoke strong emotional reactions and can incite litigation, boards should base enforcement actions squarely on the standards stated in their associations' governing documents and apply those standards uniformly across their communities.
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