Laws Allowing the American Flag
Federal Law. On July 24, 2006, House Resolution 42, the Freedom to Display the American Flag Act, was signed into law. The Federal Flag Code, 4 U.S.C Sections 5-10, as amended, 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.”
California Law. California's Civil Code § 4705, adopted in 2002, allows owners to display the United States flag on their separate property or exclusive use common area, regardless of any association restrictions to the contrary, except as required for the protection of public health or safety.
Reasonable Rules Regarding Flags
Associations may adopt reasonable rules and regulations regarding the time, location, materials, size, number, and manner in which flags and signs may be displayed. The U.S. flag may be displayed in a window of a separate interest or from a staff or pole on owners' balconies, patios, decks, private yards, or other locations on a separate interest or exclusive use common area
Regulating Materials. California law only applies to U.S. flags made of fabric, cloth, or paper. Associations may prohibit U.S. flags or depictions of the flag made from lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar material. (Civ. Code § 4705(b); Civ. Code § 4710(b))
Flag Poles. Associations can limit the size, color, and construction of poles. However, the restrictions must be reasonable.
Worn and Tattered Flags. Associations can ask an owner to replace a faded or tattered flag. However, to enforce compliance, associations should adopt flag rules.
Advertising. Associations can prohibit the display of the US flag for advertising purposes. (Civ. Code § 4710)
Sample Flag Rules
Following are some issues associations may wish to consider when adopting rules:
- A U.S. flag consists of 13 equal horizontal stripes of red (top and bottom) alternating with white; there is a blue rectangle in the upper hoist-side corner bearing 50 small, white, five-pointed stars arranged in nine offset horizontal rows of six stars (top and bottom) alternating with rows of five stars.
- Only one flag, whether American or otherwise, may be flown per household.
- Flags [in condominium projects] may be displayed on balconies in the following manner...
- Flag poles [in planned developments] are limited to the following height, materials, and locations...
- Flags may only be flown between sunrise and sunset. [If houses are close to each other, this will eliminate flapping noise that might disturb neighbors.]
- Flags may only be constructed of the following materials: nylon, polyester, cotton, or similar materials. Flags constructed of lights, paint, balloons, or other materials are prohibited.
- Flags are limited to the following dimensions... [establish acceptable sizes such as 2'x3', 4'x6', etc.]
- Flags may not be flown upside down.
- Flags may only be flown at half staff for Federal, State, or Association-recognized memorials authorizing flags to be flown at half staff. These generally include, in order of the (i) President upon the death of a principal figure of the United States Government, (ii) the Governor of California upon the death of a past or present official of California, or (iii) the Board of Directors upon the death of a past or present member of the Board.
- Flags must be cleaned and mended as needed.
- Flags may not be displayed in such a manner as to permit them to be easily torn, soiled, or damaged in any way.
- The flag should not be displayed during inclement weather unless an all-weather flag is used.
Miscellaneous
Raising and Lowering the Flag. The flag should be raised briskly and lowered slowly and ceremoniously. When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag, it should be folded neatly and ceremoniously.
How to Fold the Flag. Flags, when not in use, should be folded into a triangle shape. Fold the flag in half width-wise twice. Fold up a triangle, starting at the striped end ... and repeat ... until only the end of the union is exposed. Then fold down the square into a triangle and tuck it inside the folds. A properly proportioned flag will fold into 13 triangles, representing the 13 Original Colonies. When finally complete the triangular folded flag is emblematic of the tri-corner hat worn by the Patriots of the American Revolution. When folded, no red or white stripe is to be evident, leaving only the honor field of blue and stars.
Foreign Flags
Because of the broad language in Civil Code § 4710, associations cannot prohibit the display of flags of other countries. Associations can, however, limit the number of flags, whether American or otherwise, to one.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.
