As we unofficially start summer here, As we also prepare to observe Memorial Day—a day to honor and mourn those who died while serving in the U.S. Military—Many HOA and condo residents across the country will demonstrate by displaying the American Flag.

According to the United States Department of Veterans Affairs, on Memorial Day, the American flag should be flown at half-staff from sunrise until noon only, then raised briskly to the top of the staff until sunset, in honor of the nation’s battle heroes.

CAI believes that 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 that, “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 Memorial Day as you collectively honor the fallen heroes who served our country.

Visit this link 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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