HOA Legi-Slate

9NEWS.com recently posted a story entitled HOA says mother of fallen soldier has to take down flag.  Thanh Truong, a reporter for 9NEWS, reported that Mary Sims - who lives in a community association in Aurora - has been asked by her association to remove the American flag that she has been flying on her front porch.  It was reported that the front porch is part of the common elements and the association has asked Ms. Sims to relocate the flag to a window or her balcony.  Ms. Sims has been flying the American flag to honor her deceased son who was a recruiter for the National Guard and her husband who is currently a civilian worker for the Department of Defense in Iraq. 

As we have noted in previous postings on HOA Legi-Slate, Colorado and federal law specifically address the rights of individuals living in community associations to fly the American flag.  The Colorado Common Interest Ownership Act ("CCIOA") at section 38-33.3-106.5(1)(a), provides that associations may not prohibit "The display of the American flag on a unit owner's property, in a window of the unit, or on a balcony adjoining the unit if the American flag is displayed in a manner consistent with the federal flag code.  The association may adopt reasonable rules regarding the placement and manner of display of the American flag.  The association rules may regulate the location and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole."  Consistently, the federal Freedom to Display the American Flag Act of 2005 ("Act") prohibits associations from preventing residents from flying the American flag on their own or exclusive use property.   However, the Act does permit associations to place reasonable restrictions on the time, place and manner in which the American flag is displayed.

Ms. Sims was quoted by 9NEWS as saying "I don't think they have the right to tell me where to hang my American flag."   Whether the association will pursue enforcement in this matter remains to be seen.

Quite clearly, Ms. Sims is not familiar with the law, and the Association is acting properly. Did 9News report correctly that this is the case? I did not see the original report.

Ms. Sims should have EVERY right to fly the American Flag! Especially when her family has given so very much to our Country!!!!!

I have served as the President of my HOA for 2 years and been on the Board for 4. And I do think that Homeowner Assocs. have unjustifiably gotten a bad rap most of the time. Unfortunately there are HOA's that make a big issue of things that are only temporary (such as flags and Christmas lights) that give HOA's a bad reputation. In the case of this flag, it is not going to be there forever and a little compassion and understanding would have not made this an issue. Some people tend to let a little power go to their heads. The apathy of homeowners who will not volunteer to be on Boards allow some Board members to become dictators and give us all a bad reputation.

Although the porch is refered to as a 'common element', it is not clear if the porch is for the exclusive use of the resident or is shared with other residents. In either case, although there may be a clear legal basis for restricting Ms. Sims from flying the American flag there, it is questionable whether it is morally right or reasonable to enforce the restriction.

It is up to the association to get those SB 100/089 rules to their residents. Then maybe some of this can be prevented in the future. Colorado law is Colorado law and it applies to ALL Colorado residents who live in associations.

It's unusual that the porch is a common element. This means anyone in the HOA has access, can sit, party, etc. A review of the covenants and an explanation by the HOA, as to where and how their decision is based is in order.

She is absolutely right! She should be able to display the American flag. We need to take a hard look at our values and moral stand in this country. Also, how about a good dose of common sense??

I in fact did see the news on this story. I believe the HOA Board is totally out of line with their thinking, their reasoning and deserve to get blasted from all sides for this stupidity.

We try to encourage compliance willingly because otherwise "everyone can/will do it". This complex should only be so lucky as to be signaled out as the home of American citizens who ALL took it upon themselves to hang an American flag according to the CODE on their porch!