Flags: What Everyone Ought to Know About Idaho’s HOA Flag Rules

​By Gregory B. Coxey, Partner - Vial Fotheringham

​Flags are something you see every day and with summer holidays coming up, flags are going to be everywhere you go. Flags can mean different things to different people, they can represent countries, ideas, holidays, and even politics. Flags have a long history, and regardless of what they represent, they will continue to be put on display by people all around the world. However, what happens if you live in a Community Association that has restrictions when it comes to displaying flags?
 
You can display an American Flag.
In 2005, the "Freedom to Display the American Flag Act of 2005" was enacted by Congress prohibiting Community Associations from unreasonably 

restricting or preventing a member of the association from displaying the flag of the United States on residential property within the association. This means that an American flag is allowed to be displayed.
 
This does not mean any U.S. Flag can be displayed in the Association. This act only allows protection for the traditional, red, white, and blue, 13 stripes and 50 stars flag, “Old Glory”, originally designed by Miss Betsy Ross herself. The act does NOT protect variations of the U.S. flag.
 
Please note that even though federally you can display a U.S. flag, the Association still has the ability to reasonably restrict the time, place, and manner of where you display the flag. This means that you should check your Association’s rules if you are ever unsure about whether your flag is allowed. These restrictions would be found in your Community Association’s governing documents, which usually include the Declaration of Covenants, Conditions, Restrictions and Easements (CC&Rs), Bylaws, and any other rules and regulations adopted by your community.  ​

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