Flying the American Flag in HOAs
With Memorial Day, Flag Day and the 4th of July fast approaching, associations in Colorado should be aware that the Colorado Common Interest Ownership Act ("CCIOA") prohibits associations from banning homeowners from displaying the American flag on the homeowner's property, in a window or on an adjoining balcony. However, Colorado does permit associations to adopt reasonable rules regulating the placement and manner of displaying the flag, including regulating the size and location of flags and flagpoles.
Associations should be careful to ensure that rules regulating the display of the American flag are reasonable and do not effectively prohibit the ability of residents to express their patriotism. Here are a couple of examples of restrictions that should past muster in most communities:
Restrictions on the Size of the American Flag
Permitting residents to fly the standard size American flag (3X5 foot) would no doubt be deemed reasonable. Prohibiting residents from flying massive flags on their condominium balconies or in small yards that are commonly found in townhome communities - should also constitute a reasonable regulation.
Illumination of the American Flag
The Federal Flag Code permits the American flag to be displayed 24 hours a day if properly illuminated during hours of darkness. It would be reasonable for associations to regulate the method of illumination to ensure that flood lights are not lighting the yards or homes of neighbors at night.
We are available to assist associations with reviewing and drafting rules regulating the flying of the American flag to ensure compliance with CCIOA.