While we don't have this problem here (so far) it is always amazing to find condo boards who try to tell Owners that they can't display a flag.
The information has been on this blog site for 2 years as to both Federal and State laws on the subject.
The below article shows that there are a lot of associations out there that can't read or just like to mess with people. Take a look at one Jacksonville Owner who finally had a good result and also he got his attorney fees paid by the condo.
Keep in mind that those who win a suit against their condo get their legal fees reimbursed, those who lose have to pay the association's fees.
Read the whole article at: http://www.ccfj.net/TVCH47FlagWin.html
"JACKSONVILLE, Fla.-- As a veteran, father and taxpaying citizen... Larry Murphree never imagined the U.S. flag would be a problem.
According to his Homeowner's Association-- it was. Since December, he's been fined everyday for flying one in a flowerpot.
"It got uncomfortable and people got upset one way or the other," he said.
Murphree and his attorney quickly got to work. They filed a lawsuit against the HOA, did research-- and ploughed foward.
"When I saw state and federal law was on my side, I knew it should be taken care of," he continued."
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Flags and Condo Regulations
There is an interesting news report out of Tampa where a HOA supposedly told an owner that she could not fly her American flag year around, the holiday was OK but not, she claimed, any year around display. Now the HOA is claiming they did not object. Story at: http://tinyurl.com/3q37jqq
Below is my Dec. 30, 2010 post on the subject of flags at any condo, I've moved it up the blog FYI.
Q. Are you allowed to display a Flag at Nautilus Cove?
A. Yes.
The NCC documents prohibit the display of anything in your windows, on doors or on your front stoop etc. However, Owners, and this applies specifically to
Owners and
not renters, may display the US flag at any time and various military service flags on certain holidays.
Both Federal and State laws protect those wanting to display a flag, you can read the details below. There is no provision for drilling holes in condo property or affixing permanent mounts. Here is the law on flag display FYI:
Florida’s condominium law was updated Oct. 1, 2008, and now provides in part:
718.113 . . . Display of flag; . . . display of religious decorations.--
4) Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 4 1/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.
Direct link:
http://www.ccfjedu.net/condo718statutes.html#718.113
Also at Section (7): Unit owners are allowed to display religious decorations not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep
Direct Link:
http://www.govtrack.us/congress/bill.xpd?bill=h109-42&tab=summary
U.S. Freedom to Display the American Flag Act of 2005 says:
RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
This bill became law. It was signed by George Bush. Last Action: Jul 24, 2006: Became Public Law No: 109-243.
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.
(4) the term ``member''--
(A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association.