American flag at a condo developement

Get Legal Help Today

 Secured with SHA-256 Encryption

American flag at a condo developement

About 10 months age I put up a flag pole and the American flag, last month a member of the condo board came and told me I had to remove the flag, I asked why and after pressing for an answer was told that I didn’t ask permission to put it up. Prior to the next board meeting I asked and was told one of the board members didn’t like it. At last nights meeting asked again and was told no because they don’t want 47 different flags being flown, referring to the number of houses in the association. I asked if I could fly it on national holidays and was told no, again with no explanation.

The flag pole is brand new and all the clips are heavy plastic so it makes no noise. Its located in an open are the dose not obstruct anyone’s view. It is in the backyard of the house.

I want to know if I have a right to fly the American flag here and what I have to do to make that happen.

Asked on September 26, 2018 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends entirely on what the condo association by-laws and rules say. A condo board *could* legally have the authority to restrict the flying of flags, even the American flag, since condo boards potentially have enormous power over the community and what can be displayed. But they can only exercise the power spefically given to them in the documents governing the board and the community (e.g. by-laws, community rules, etc.). Check those documents to see what your board and and cannot do in this regard.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption