The battle is on with many homeowners has become all on war with the HOA and the American Flag. With the 4th of July being right around the corner, now is the perfect time to talk about the American Flag and your HOA. I had a client call me to ask can the HOA ban the American flag from being flown on her property? She also wanted to know, can the HOA tell you can not have an American flag? In this blog post, I will tell you what rights you have when displaying your American Flag when it comes to your HOA. I will also tell you your right for various other flags like ones that support sports teams. I know from personal experience that HOA’s can get power hungry and silly about rules but it is important to know the rights you have as an American and not let your HOA’s bully you into submission when it comes to the Amercian Flag.
I have read stories recently and seen in the news how the HOA has been preventing homeowners displaying their own American Flags on their own property. Of course, homeowners are shocked by this and I was too. (WATCH This News Story Of A Woman Told To Remove Her American Flag From Her HOA ) I couldn’t believe that an HOA wouldn’t want the American flag shown year-round proudly in their yard. Some HOA’s believe that the American flag is a season item and need to be taken down after Federal Holidays. Many homeowners, myself included challenge this with the Federal law that was set in place called: The Freedom to Display the American Flag Act of 2005 (Pub.L. 109–243, 120 Stat. 572, enacted July 24, 2006) is an Act of Congress that prohibits real estate management organizations from restricting homeowners from displaying the flag of the United States on their property.
So you CAN have a flag on your property but with that being said the HOA can still dictate the size of the flag and the location of the flag on your home. As an example, you can not have the flag intruding on walkway or sidewalks. Another example: you can’t have a flagpole taller than 10 feet and must be 15 feet from the property line. (To watch a video about flag poles and location of them from the HOA/City https://youtu.be/BEhCrmEGFU0)
Other flags have rights to be displayed as well but are not covered in the American Flag Act of 2005. Any flag displaying a persons religion, race, heritage, disability or sexual orientation are covered in discriminations laws and the Fair housing act. If you run an HOA you need to know and understand these laws so you do not discriminate against any one person or people. (To watch a new story about how this woman’s rights were violated https://youtu.be/A1nguvEzbCw)
I hope you display your American Flag proudly this 4th of July as you have the right to do so no matter what your HOA states. Be sure to check the restrictions to know where and the size of the flag that falls in line with the bylaws.
God Bless The United States Of America
Kristina Smallhorn (Your Real Estate Whisperer)
EXP REALTY, LLC, 2900 Westfork Dr., Baton Rouge, LA 70827 – 225-412-9982 ext 149
Kristina Is a Licensed Realtor® with The Greater Baton Rouge Board of Realtors@ in the State of Louisiana. License #0912122918