How Should Community Associations Handle Flags?

Flags are a tough issue for any association looking to promote a tidy, unified curb line. Flags tend to make homes stand out from one another, and some cross the neighborhood style-guide into gaudiness or are so large that they overwhelm the rest of the landscaping. But where do you draw the line between a modestly displayed banner or flag and something actionable? How, and in fact, what is legally enforceable?

This article seeks to answer these questions for board members who are looking for a way to control flag use while also leaving residents with reasonable freedom to express their allegiances and enthusiasm for special events.

1. Know the Federal and State Laws

First of all, there are laws addressing how much an association can regulate flags. In 2005, the federal government passed the "Freedom to Display the American Flag Act of 2005," defining that associations could not stop residents from displaying the stars and stripes. But you can regulate how the flag is displayed and what size it can be based on the safety and codes of the neighborhood.

Individual states also have their own flag-related laws. Many define certain flags like the state flag and military flags that must also be permitted along the same lines as the US flag. The flags must be allowed, but the manner of display can be regulated.

Know the laws that govern your state and neighborhood to know what you are legally allowed to enforce before starting to build your flag regulation policies.

2. Have a Policy Written About Flags

Next, your CC&Rs or By-Laws must actually have a clause relating to flags that defines your power. In most cases, an argument that a flag is simply unattractive will not fly (please pardon the pun.) 

You will need to have an established policy that can be referenced by resident members so that they can willfully obey the regulations and so that you have grounds to act. Without a written policy, you have no grounds to act.

3. Focus on Community Safety

Associations have the strongest authority to regulate flags when safety is a concern. Common safety-related restrictions include:

• Flagpoles: Ensuring they are securely installed and do not pose hazards in high winds.
• Overhanging Flags: Preventing flags from obstructing sidewalks, driveways, or neighboring properties.
• Large Flags: Regulating excessively large flags that could cause damage or obstruct views.

Focusing on safety rather than aesthetics makes rules easier to enforce and less likely to be disputed by residents.

4. Consider Rules on Flag Decorum and Timing

Some associations allow seasonal and event-based flags but with restrictions, such as:

• Holiday Flags: Permitted only during the relevant holiday season.
• Sports Team Flags: Allowed only during game weekends or tournaments.
• Garden Flags: Limited in size and number to maintain curb appeal.

Defining these rules helps balance personal expression with community aesthetics.

5. Provide Alternative Display Options

Any time you are making a prohibitive policy, it's a good idea to open up an alternative for owner-members who really want to do something. For example, you might suggest that people who are asked to take down large flags hang those flags as curtains or secure them as a sunshade for their porch instead. This prevents the whipping and sight-blocking of an upright flag while allowing them to show their colors, whatever those colors might be.

While it is not always possible, compromises and alternatives make homeowners feel that you are on their side and not simply stamping out their fun or displayed loyalties.

6. Make Sure Flag Rules are Enforced Evenly

This is very important: No matter what your flag policies are, make sure they are enforced absolutely evenly across all circumstances. If you plan to come down hard on flags, there are no exceptions for especially attractive or specific cultural flags. Stick to your rules as written, or provide the same kind of leniency across the board.

Associations can get in some of the worst trouble for showing seemingly discriminatory policy enforcement, and flags are a touchy subject because they so often relate to cultural identity.

7. Educate Residents & Provide Clear Communication

Proactive communication prevents misunderstandings and reduces violations. Associations should:

• Include flag policies in new resident orientation materials.
• Distribute annual or biannual reminders about flag display rules.
• Provide flyers or pamphlets when addressing violations to ensure residents understand the rules.

Transparent communication helps residents comply willingly rather than feel blindsided by enforcement actions.

Managing Flag Policies the Right Way

Creating a balanced, enforceable flag policy helps maintain community aesthetics while respecting residents' rights. By staying legally compliant, focusing on safety, and enforcing rules fairly, associations can navigate this sensitive issue effectively.

Need expert guidance on managing your community’s policies? RealManage offers professional community association management to help enforce fair and legal policies.