Wednesday, February 07, 2007

Flag Display in Condo Community Questioned

Fox and Friends was just running a story (I am still looking for a video or text link) profiling a Connecticut woman who has received letters from her condo association asking, actually telling, her to discontinue displaying an American flag and a blue star flag in front of her condo. (A blue star flag signifies that a family member is serving in Iraq or Afghanistan).

Seems completely un-American right? Well for many years, condo and homeowners associations have ruled the roost in their feifdoms, with all kinds of restrictions on homeonwner behavior. While I can see objections to building crass or overly large additions to a home, or policing the lawn-mowing habits of a neighborhoods, many of the restrictive covenents (and that what they are in a legal sense) also restrict First Amendment rights. I had a run-in with my previous homeowners association about a Bush/Cheney 2000 yard sign. This was a small, standard size yard sign you see every campaign season. My HOA said I couldn't display it. I said that I would be happy to sue them in court over the matter and they let the issue drop.

Well, now I found this little report from July 24, 2006. It is illegal for condo associations and HOAs to prevent the flying of the American flag.

The condo association says the flag is flying in a common area, a fact the owner disputes.

Update: Here is a link to the federal law on the matter and this is the link to the story in the Hartford Courant.

No comments: