DISPLAYING THE AMERICAN FLAG

On July 24, 2006, President Bush signed HR42, the "Freedom to Display the American Flag Act of 2005" which prohibits restrictions on displaying the U.S. flag on a member's unit, lot or exclusive use common area. Under the Act, community associations:

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.

The law allows community associations to establish reasonable time, place, or manner restrictions necessary to protect a substantial interest of the association. This is similar to California's Civil Code §1353.5 adopted in 2002, which 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.

The U.S. flag may be displayed in a window or from a staff or pole on owners' balconies, patios, decks, private yards, etc. Associations may prohibit flags made from lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar material.

Updated by ADAMS KESSLER 5/7/2008