Years ago, as a real estate editor, I had a furious homeowner call me. He had been reprimanded by his condominium association for hanging "non-neutral" drapery on his balcony. Attempting to help him locate a loophole, I suggested he research his condo documents to see if he could find the definition of "neutral." But then he told me this: His "non-neutral" drapery was the U.S. flag -- Old Glory, Stars and Stripes.

Many who live in homeowner associations (HOAs) scrap with association leaders over the matter of personal expression. This is often true during holidays such as Veterans Day, Memorial Day, Independence Day and other times the flag is displayed.

Sometimes homeowners are cited for not hanging the flag appropriately or with too much fanfare. They are sternly warned by condo-dictators that further steps will be taken and fines allotted if the violation happens again.

It surely seems a bit overbearing to treat the hanging of U.S. flag as if it were in the same category as a drooping gutter. But such is often the world of homeowner associations.

Basically, in a "community" association (also referred to as "homeowners" or "condominium" associations) each owner is bound to a real estate organization by a set of governing documents that require adherence to a set of rules and the payment of assessments. That's the definition provided by the Community Associations Institute (CAI), which provides education and resources to America's 231,000 residential condominium, cooperative and homeowner associations and related professionals and service providers.

An estimated 47 million Americans now live within homeowner associations, according to the CAI. There are 231,000 community associations in the United States -- in 1965 there were only 500 -- and approximately 50 percent of all new homes built in major metropolitan areas fall within community associations. Thus, the use and importance of HOA rules will grow as more people are impacted by such regulations.

Is this just another layer of bureaucracy placed upon homeowners (along with the financial obligations -- dues, rather than taxes) or is it a necessary element of homeownership that helps protect property values and keeps wayward neighbors in line?

That depends on your perspective.

Personally, I live in a subdivision that has a voluntary homeowners association, as well as a voluntary pool and tennis club. The pool and tennis club must appeal to owners who want to actually pay-as-they-go on these amenities and it gets tough to maintain these services without the support of the whole community.

While I enjoy the voluntary aspect of this arrangement, it does get irritating not knowing who to contact when there appear to be outrageous violations of the HOA docs...but wait, there are no HOA docs. So I have to live with the bordering neighbor who won't trim his trees and protect my fencing.

With a more strict HOA, he would be cited and forced to maintain the property for the "public good." Also with some stricter HOA, other neighbors would not be allowed to raise Old Glory during patriotic holidays -- or at least all the flagpoles would have to look exactly alike, and there would be requirements for standardized flags sizes and lighting requirements. Whatever happened to versatility? Or the First Amendment right to free expression?

As you can see, there are good points and some not so good points. The great thing about this country though, is that we all have a choice to live in a restrictive or not-so-restrictive community. And that's part of the American Dream.

If an HOA wants to enact a flag policy, it's helpful to know what's accepted and what's inappropriate as far as the Stars and Stripes are concerned. The Federal Flag Code provides useful guidelines for flying the U.S. flag.

1. The flag may be displayed at all times provided it's illuminated during darkness. Otherwise, it should fly from sunrise to sunset.

2. The flat should be hoisted briskly and lowered slowly.

3. When flown on the same staff with city, state and organization flags, the U.S. flag should be at the top.

4. When other flags are flow from adjacent staffs, the U.S. flag should be hoisted first and lowered last. It must be to the right of other flags; no other flag should stand higher than it does.

5. Never drape the flag or draw it back in folds.

6. Never let the flag touch anything beneath it, such as the ground or floor.

7. Never display the flag with the union (blue field with 50 stars) down, except as a signal of distress.

8. Never place anything on the flag, such as letters, insignias or designs.

9. Never use the flag to hold objects of any kind.

We have just celebrated Memorial Day and July 4th will soon be with us. Perhaps now is a good time to look at HOA policies to see how they relate to the display of the U.S. flag -- and to suggest the use of common sense in those cases where it is otherwise missing.

M. Anthony Carr is a Washington-based author who has written about real estate issues for more than a decade.

Published: June 8, 2001

Use of this article without permission is a violation of federal copyright laws.

Mr. Carr has covered real estate since 1989. He is the author of Real Estate Investing Made Simple. Got a personal real estate issue? Post your questions and comments at Anthony’s blog: commonsenserealestate.blogspot.com.