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HOA Flag Rules

The federal protection for the United States flag, and why other flags are a different question.

Reviewed October 1, 20261 min read

This is general information for homeowners in the United States. It is not legal advice and it does not create an attorney-client relationship. Your CC&Rs and your state's current statute control. Read both, and talk with a lawyer licensed in your state before you rely on any of this.

The United States flag is in a category of its own. The Freedom to Display the American Flag Act of 2005 restricts an association from banning display of that flag on a homeowner’s residential property. The association can still adopt reasonable rules about size, placement, and time if those rules are consistent with the federal flag code’s respect provisions. A rule that says “no flags, including the United States flag, anywhere” is the one the federal law was written for.

State statutes often add protection for the state flag, military branch flags, or political signs in a window during an election window. Texas Property Code chapter 202 is an example of a state that wrote several of these down. They are not the same rule as the federal flag act. A political sign and a sports flag are not the American flag.

If you received a notice, identify which flag, where it hangs, and which section they cited. A request to move a flag off the common area and onto your own lot is different from a demand to take down the United States flag entirely. Answer with that distinction, in writing.

Common questions

Can an HOA ban the American flag?

The federal Freedom to Display the American Flag Act of 2005 says a homeowners association may not adopt or enforce a restriction that prevents you from displaying the flag of the United States on your residential property. Reasonable limits on time, place, and manner can still apply. Other flags are covered, if at all, by state law and the documents.

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