To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter. Recommendation: Boards should consult legal counsel whenever issues arise related to the display of flags.ĪSSISTANCE: Associations needing legal assistance can contact us. The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest.Īssociations can, however, limit the number of flags, whether American or otherwise, to one. Because of the broad language in Civil Code § 4710, associations cannot prohibit the display of flags of other countries. Associations can prohibit the display of the US flag for advertising purposes.įoreign Flags. flags or depictions of the flag made from lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar material.Īdvertising Restriction. flag in any other manner or location may be reasonably restricted or prohibited, depending on the circumstances. from a staff or pole on owner's balconies, patios, decks, private yards, or other locations on a separate interest or exclusive use common areaĭisplaying the U.S. Subject to restrictions protecting the public health and safety, California law guarantees the U.S. Protected Manners of Display and Locations. The flag should be displayed on all days, especially on New Year's Day, January 1 Inauguration Day, January 20 Martin Luther King, Jr.’s birthday, the third Monday in January Lincoln's Birthday, February 12 Washington's Birthday, third Monday in February Easter Sunday (variable) Mother's Day, second Sunday in May Armed Forces Day, third Saturday in May Memorial Day (half-staff until. California's Civil Code § 4705 adopted in 2002, allows owners to display the United States flag on their separate property or exclusive use common area, regardless of any association restrictions to the contrary, except as required for the protection of public health or safety. 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.įederal law allows community associations to establish reasonable time, place, or manner restrictions necessary to protect a substantial interest of the association.Ĭalifornia Law. flag on a member's unit, lot or exclusive use common area. It prohibits restrictions on displaying the U.S. It continues to highlight other types of flag displays like military units marching in community parades while carrying large, horizontal U.S. On July 24, 2006, HR42, the Freedom to Display the American Flag Act, was signed into law.
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