There have been stories all summer about owners and renters running afoul of their neighborhood HOAs and condo/apartment complex management over flying the U.S. Flag. So it is time once again, to review the Freedom to Display the American Flag Act of 2005. The Daily Flag lists the Act under the tab Flag FAQ, but maybe this topic needs its own tab for awhile.
The Freedom to Display the American Flag Act of 2005 states that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. (all emphasis is mine)
It states that nothing in this Act shall be considered to permit any display or use that is inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.
In plain language
What does this mean in plain language? It means that you have the right to fly the flag on your property, within certain limits. What are those limits? That may depend on where you live. Your HOA (Home Owners Association) may forbid a flag pole in the middle of the yard. That’s considered a reasonable. But the HOA cannot forbid you to fly a flag from a modest pole from your door jam or front porch—that would be unreasonable.
Within the grounds of a condo or an apartment complex, management has an understandable and reasonable right to insist upon certain guidelines, and may forbid you from hanging a flag off your balcony (for example). But it cannot stop you from hanging a flag that is fully with the boundaries of your porch, or on your door jam—that would be unreasonable.
The first point is to find a solution that is agreeable to all parties concerned. The second point is to READ the fine print. Know what the rules are before making the commitment. You absolutely have the right to fly the American flag, but the size of the flag, and where you place it may not be your decision.
After the jump: The entire document titled Freedom to Display the American Flag Act of 2005.
[DOCID: f:publ243.109]
[[Page 120 STAT. 572]]
Public Law 109-243
109th Congress
An Act
.
To ensure that the right of an individual to display the flag of the
United States on residential property not be abridged.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <
SECTION 1. <
This Act may be cited as the “Freedom to Display the American Flag
Act of 2005”.
SEC. 2. <
For purposes of this Act–
(1) the term “flag of the United States” has the meaning
given the term “flag, standard, colors, or ensign” under
section 3 of title 4, United States Code;
(2) the terms “condominium association” and “cooperative
association” have the meanings given such terms under section
604 of Public Law 96-399 (15 U.S.C. 3603);
(3) the term “residential real estate management
association” has the meaning given such term under section 528
of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
(4) the term “member”–
(A) as used with respect to a condominium
association, means an owner of a condominium unit (as
defined under section 604 of Public Law 96-399 (15
U.S.C. 3603)) within such association;
(B) as used with respect to a cooperative
association, means a cooperative unit owner (as defined
under section 604 of Public Law 96-399 (15 U.S.C. 3603))
within such association; and
(C) as used with respect to a residential real
estate management association, means an owner of a
residential property within a subdivision, development,
or similar area subject to any policy or restriction
adopted by such association.
SEC. 3. <
STATES.
A condominium association, cooperative association, or residential
real estate management association may not adopt or enforce any policy,
or enter into any agreement, that would restrict or prevent a member of
the association from displaying the flag of the United States on
residential property within the association with respect to which such
member has a separate ownership interest or a right to exclusive
possession or use.
[[Page 120 STAT. 573]]
SEC. 4. <
Nothing in this Act shall be considered to permit any display or use
that is inconsistent with–
(1) any provision of chapter 1 of title 4, United States
Code, or any rule or custom pertaining to the proper display or
use of the flag of the United States (as established pursuant to
such chapter or any otherwise applicable provision of law); or
(2) any reasonable restriction pertaining to the time,
place, or manner of displaying the flag of the United States
necessary to protect a substantial interest of the condominium
association, cooperative association, or residential real estate
management association.
Approved July 24, 2006.
LEGISLATIVE HISTORY–H.R. 42:
—————————————————————————
CONGRESSIONAL RECORD, Vol. 152 (2006):
June 27, considered and passed House.
July 17, considered and passed Senate.
[...] Original Deborah Hendrick [...]
Can a us flag be flown at half mast to show respect for a deceased person?
Hi Dona—Thank you for writing. Your short question has a very long answer.
There are four “official” half-staffing days enumerated in the U.S. Flag Code:
Peace Officers Memorial Day, May 15 (half-staff all day)
Memorial Day, the last Monday in May (half-staff until noon)
Patriot Day, September 11 (half-staff all day)
National Pearl Harbor Remembrance Day, December 7 (half-staff all day)
The President has the authority to order US flags at half-staff on occasions he deems appropriate, but according to the Flag Code these occasions will always include former presidents, vice-presidents, Supreme Court justices, members of Congress, and so on.
A law enacted June 29, 2007, now gives governors (and the mayor of Washington D.C.) the final say over all facilities in their respective states. Public Law 110-41—the Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007, sponsored by Rep. Bart Stupak (D-Mich.), was named for a soldier from Stupak’s district killed in Iraq in 2006.
The law gives the governor “of a state, territory or possession of the United States” the authority to lower the flag within his or her jurisdiction. It applies to any member of the U.S. military who dies while on active duty, regardless of whether the GI was killed in combat.
However, in many towns across the country—mayors and country judges, fire chiefs, and others in positions of authority have assumed a level of responsibility that they do not have, and ordered the flags to half-staff to upon the death of someone local.
I am against this personally, and I was not in favor of giving governors the privilege either. They have always had the option of ordering their state flag to half-staff.
Your HOA (Home Owners Association) may forbid a flag pole in the middle of the yard.
It is my opinion that if the yard is yours infront of a townhouse or townhouse condo and and the flagpole does not exceed the height of the structure, that a regulation forbidding it is unreasonable.
Apartment condos are limited to bracket flags.
Why do you feel differently and can you cite cases that have considered the issue?
Hi Arthur. Please go back and read my article again. That word “may” means may be permitted by law. It doesn’t mean that I necessarily condone the practice.
We are not in disagreement. The Freedom to Display the American Flag Act of 2005 says that the property owner must be allowed to fly the American flag on what is his unique property. However, what you and I (and the property owner) might consider his yard, could in fact be considered common public area by the HOA, especially in a community of townhouses, condos or apartments.
Most HOAs “forbid” freestanding flagpoles because they fear the noise of the flag snapping in the breeze, or the chain or rope slapping against the pole will be a sound annoyance to other residents. That leaves the flag-flying owner with no choice except to display the flag within the carefully described confines of his property (porch, patio, door jam, etc.)
The law compels the property owner and the HOA to find a compromise, and that could be different in every situation.
Regarding cases to cite: I have “subscription topics” set up in Google reader to scan for stories about flags, so on any give day, I might find two or three stories from across the country about HOAs and property owners or renters getting crosswise over flying the flag. You might try a search using “Freedom to Display the American Flag Act of 2005″ and/or Public Law 109-243. I think it would turn up a lot of old and new information about these cases for you.
Thank you and Best Wishes, Deborah