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 have a specific set of flag rules governing how to handle flag flying within your community because while flags are a good thing, too much of a good thing can quickly turn into an eyesore.

If your HOA doesn’t have a flag policy yet or are working on revising one, remember to be reasonable.  It’s practical for an HOA to govern the size and placement of flags, as well as regulating the installation of freestanding flagpoles.

When drafting a set of HOA flag rules for your community, keep the following in mind:

  • The right to fly the American flag is federally protected. Allow residents to fly an American flag at any time throughout the year without restrictions.
  • Your state may have specific regulations regarding flagpole location and acceptable height, so use them to your advantage and create your HOA policies around those rules. Be sure to know your state’s laws governing the right to free speech as it pertains to displaying flags.  It’s always wise to have state law on your side — should any disputes arise, you don’t want any legal surprises.
  • Make sure the rules are written in your governing documents so residents are clear about what is acceptable and what is not. When creating rules about flying flags, you shouldn’t pick and choose which flags to allow and not allow based on what they represent.  As with other HOA rules in your community, be consistent and do not practice selective enforcement.  Do not take action against a certain flag based on a complaint while ignoring other flags displayed in the neighborhood.  This is a slippery slope that could easily work against you should a resident claim discrimination.  To that end, don’t make exceptions to the rules.

Should any flag-related issues arise in your community, always communicate with the homeowner to avoid furthering the dispute.  If there is a reasonable concern with a homeowner’s choice of flag, for example the size, clearly communicate to them the reason for their violation so they don’t get upset or unnecessarily feel as though they have been the victim of discrimination.

Related: American Flags In Your HOA: Let the Stars and Stripes Fly Free

 

For additional assistance managing your HOA community, contact Spectrum Association Management today and see what makes us refreshingly different.