American flag at a condo developement

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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