By Gregory B. Coxey, Partner - Vial Fotheringham
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.