“The things that the flag stands for were created by the experiences of a great people. Everything that it stands for was written by their lives. The flag is the embodiment, not of sentiment, but of history.”


—Woodrow Wilson


We all have our own way of showing pride in our country. For some, it may be marching in a demonstration and exercising our right to freedom of speech. For others, it may be posting a controversial meme on Facebook to encourage public discourse. Perhaps the most common way of expressing patriotism is the display of the United 


      United States Flag Code was adopted. It has been tinkered with over the years, and additional regulations have been adopted as well. Laws relating to all aspects          


With the proliferation of common interest developments over the last few decades, more recent laws have been enacted to ensure that the rights of residents within these          infringed upon.


The Freedom to Display the American Flag Act of 2005 is a federal law which provides that a “condominium association, cooperative association, or residential real estate management association” may not adopt or enforce any policy (or enter into any agreement) that would restrict or prevent a member of the association  own residential separate interest or exclusive use area. There are a number of exceptions, including allowable restrictions pertaining to the time, place, or manner of 


Perhaps more important is the California statute on this issue. Civil Code section 4705 allows an owner to           separate interest or within the member’s exclusive use common area. The California law goes further in limiting the exceptions by indicating that the right to display the  or prohibition is necessary for the protection of “public health or safety.”


However, to receive protection under Civil Code section  must be displayed from a staff or pole or in a window. The law does not govern a depiction or emblem of the    similar building, landscaping, or decorative component. The penalties for violating the law may be steep, in that the prevailing party in a related lawsuit “shall” be awarded reasonable attorney’s fees and costs.


                    treated with reverence and respect. However, requiring  night, which is suggested by the United States Flag Code, would not be permissible. Instead, a common interest development association can do its best to direct owners to resources regarding proper etiquette. A good resource is the guidelines provided by the U.S. Department of Veterans Affairs, which can be found at https://www.va.gov/opa/publications/celebrate/ 


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