HOA Myths and Misconceptions: Flags

By Laura Otto
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We have read about them in the news: Myths and misconceptions about living in a homeowners association. Myths like, all HOAs are the same and rules are rules and can’t be changed. Misconceptions such as assessments and fees are the same thing and homeowners have no say in decisions; it’s all up to the board.

A common HOA myth is that residents have the right to fly the flag of their choice at their home. The truth is that Congress enacted the Freedom to Display the American Flag Act in 2005, which prohibits HOAs from unreasonably limiting the owners right to fly a flag on their individually-owned property.  The association can continue to control and limit the display of the United States flag on common areas. But on property owned by an individual owner, it is restricted. 

Lucia Anna “Pia” Trigiani, partner at MercerTrigiani in Alexandria, Va., and a fellow of CAI’s College of Community Association Lawyers (CCAL), shares how HOAs can be fair about the enforcement of flags, banners, and signs.

HOAresources.com explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. We then assemble trusted experts to provide practical solutions to your most commonly asked, timely questions. We never use real names, but we always tackle real issues. Have a question or comment about your community association? Submit here for consideration:

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Laura Otto

Laura Otto is the Senior Editor of Digital Content at CAI. A seasoned journalist, Laura previously worked for a creative, advocacy agency in Washington, D.C., where she wrote and edited content for a variety of public health clients. Prior to that, Laura served as a senior writer and editor for the George Washington University School of Medicine and Health Sciences. Laura is a graduate of Temple University in Philadelphia.