The American flag used to be a symbol that wasn’t displayed to make any sort of political statement or support one political party or another. However, that’s not always the case these days.
While the American flag isn’t as controversial as some flags meant to represent rights or pride for various groups of people can be, it can, unfortunately, make some people feel unwelcome and even afraid if they believe that’s what those displaying it intend. So, with that in mind, can condominium associations prevent residents from flying the American flag?
Federal and state law
Most people don’t realize that there is a federal law called the Freedom to Display the American Flag Act of 2005. That law says that community associations can’t restrict or prevent someone from displaying the flag correctly on their own property.
New Hampshire has a law that strictly applies to condominium associations. It says that an “association shall not prohibit the outdoor display of the United States flag in a manner consistent with the United States flag code…” and New Hampshire law governing the display of the flag.
It also states, “The association may adopt reasonable rules regarding the size of the flag and the manner in which the flag is displayed.” For example, it can’t extend into a common area or another unit owner’s property.
That means as long as someone is displaying the flag appropriately (for example, not upside down) and it remains within the space that they own and/or occupy, the association generally cannot require them to remove it.
Some people have very strong feelings around the American flag and what it represents. It’s critical for condo associations to ensure that they apply the law and their own regulations consistently. Having experienced legal guidance in codifying and enforcing these regulations can help prevent costly and time-consuming disputes accordingly.