With the Fourth of July right around the corner, more and more homeowners will hang their American flag, and while you may be tempted to micromanage their flag flying freedoms, we suggest you resist the urge.  Instead, recognize that as Americans, their right to fly the flag is federally protected and draft your HOA policies around your state’s regulations regarding flagpole location and heights.  If your community has outgrown or doesn’t have guidelines regarding flags, keep these ideas in mind before drafting rules for your community.

 

  1. Always allow homeowners to fly an American flag. Don’t stipulate which holidays or for how many days around said holiday they can fly it. If you implement such a restriction, you’ll end up in a fight you probably can’t win and maybe end up on the wrong side of the press.
  1. Look up state/city flagpole regulations and mimic those in your HOA policy. Chances are that flagpoles attached to a house don’t need much regulation. So instead, focus on the location and height of free-standing poles. This way you’ll have the state law on your side should any disputes over flagpoles arise with homeowners.
  1. Communicate guidelines! Most people won’t think twice about hanging their American flag, so clearly communicate your HOA’s guidelines and set reasonable expectations.

 

Remember, for many Americans their display of the flag is deeply personal. They are veterans, active military, grieving family members of fallen soldiers, and proud citizens who want to display their patriotism. That isn’t something any HOA should try to control. Realize that outside of monitoring appropriate size, placement and installation of a flagpole, your HOA shouldn’t restrict resident’s flag fly freedoms.

So on this Fourth of July, celebrate by flying the Old Glory and thank those who’ve served to protect the freedoms we enjoy.