Question: There is a push by some of our homeowners that they be allowed to fly the American flag all the time, not just national holidays. Any suggestions?

Answer: Flag flying is a very sensitive topic and considered part of the Bill of Rights under free speech. The rule for association regulation of free speech is that while content cannot be regulated, the time, place and manner of speech can.

The Board should evaluate the pros and cons and document them in the meeting minutes. While too many flags gives a cluttered look and may pose safety or visibility issues, flag flying is considered a free speech right. The board's decision should be a reasoned compromise and never capricious or arbitrary. For example, if the objection is flags flying all the time, there would be an opportunity for a compromise.

One solution might be for the Association to install a flagpole in an appropriate place on community property, with volunteers signed up to raise and lower etc., as a trade-off to banning individual flags except on holidays.

Question: We recently took over the association from the developer. Where can we get an audit of our books?

Answer: "Audits" come in various complexities and costs: From low to high is Compilation, then Review, and finally, Full Audit. All new homeowner associations should have a Full Audit done at turnover from developer control. In addition to making sure the developer has handled the finances properly, the CPA can recommend proper accounting procedures, advise on proper tax filing and other financial matters that will keep your association's financial ship afloat. There are CPAs that specialize in homeowner association operations and tax matters in every major metropolitan area. Contact area community association property managers for names.

For more on these subjects, see www.regenesis.net

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