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All Homeowners Can Fly the Flag
by Broderick Perkins
As the fifth anniversary of the most devastating attack on American soil nears, keep in mind, you can show your patriotism and commemorate those injured or lost by flying Old Glory at home -- no matter where you live. Just be sure to mind your star spangled manners. About a year ago, Congress passed the "Freedom To Fly The American Flag Act of 2005" largely because some homeowner associations enforced architectural rules with near dictatorial dogma to stop some condo, townhome and community association home owners from flying the U.S. Flag. Architectural rules are useful because they regulate, with aesthetic commonality, the look and feel of homes in a homeowner-association governed communities. The rules of cookie-cutter likeness helps maintain home values. It's also easier to maintain the common areas shared by homes when like materials and colors are part of the upkeep costs. Unfortunately, anti-flag displaying rules, often meant for those saccharine and sappy rainbow, floral, holiday and politically-motivated pendants, were sometimes applied to the Stars and Stripes. That got U.S. flag-waving home owners and flag-wrapped politicians up in arms. Home owners in non-homeowner association ruled neighborhoods also caught some flak from neighbors for 24-hour tacky flag displays reminiscent of year-end holiday displays and other fanatical flag waving habits. The flag-flying flap peaked after September 11, 2001, now known as "9/11" when terrorists commandeered commercial jets and piloted them into targets in American. The law that now underscores the right to fly the Star Spangled Banner, does indeed, however single out "condominium associations," "cooperative associations" and "residential real estate management associations" to say they "may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use." That means your governing association can't tread on you about flying the Stars and Bars beyond reasonable restrictions pertaining to the time, place, or manner of display necessary to protect the general interest for commonality in the community. The law also says flag flying fans must adhere to the tenants of seldom-enforced federal law that applies to patriotic customs, including the handling and flying of the U.S. Flag, United States Code, Title 36, Chapter 10. The code says, in part:
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Published: August 14, 2006 Use of this article without permission is a violation of federal copyright laws. Related Articles:
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