On June 14, every year, Americans celebrate the anniversary of the adoption of the American Flag at the Second Continental Congress in Philadelphia in 1777. Flag day has become a day for American’s to show their national pride, pay respect to those who have served, and of course, celebrate with parades and fireworks.
“Resolved, that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field representing a new constellation.”
If you live in a community association, your association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs) may come into play with how you can display your flag. While the Freedom to Display the American Flag Act of 2005 protects your right to fly the flag, your association may still set guidelines for the size of the flag and the size and placement of the flag pole or bracket.
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.
CAI believes that all Americans should have the opportunity to display the U.S. flag to demonstrate their patriotism and support of our country, and has supported the overturn of many anti-flag rules. Community Associations put these rules in place, not to hinder your patriotic celebration, but to ensure that your home, and your neighbors’ homes, are safe, aesthetic, and part of a harmonious community. For example, in some communities, flag poles may not be safe or appropriate, so they choose to use flag brackets within the community instead.
This flag day, make sure to check your CC&Rs to ensure proper display of your flag before you go to the parade and light your sparklers!
For more information on flying flags in community associations, click here.