As we prepare for the July 4th holiday, many HOA and condo residents across the country will display the American Flag.

According to the United States Department of Veterans Affairs, the American flag should be flown from sunrise to sunset and may be displayed during darkness if it’s illuminated. In addition, the flag should not be subject to weather damage and should not be displayed in times of rain, snow, wind, or other weather that could damage the flag, unless it’s made of an all-weather material.

CAI believes all Americans should have the opportunity to display the U.S. flag. to demonstrate their patriotism and support of our country.

In July 2006, U.S. Congress passed the Freedom to Display the American Flag Act.

  • The law 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.”

The law goes on to say –

  • “Nothing in this Act shall be considered to permit any display or use that is inconsistent with
  1. any provision of Chapter 1 of Title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or
  2. any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

Community associations may not prohibit the display of the American Flag, nor are they responsible for enforcement of the guidelines for how to display the flag. We hope your residents enjoy a sense of community this Independence Day as you collectively honor the fallen heroes who served our country.

Click here for more information about CAI’s U.S. flag public policy, sign/flag policy, related state laws, and legislative tracking on this issue.


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