Straight Talk About Real Estate

H.R. 42: Freedom to Display the American Flag Act of 2005 has been signed into law. This law states:

A condominium association, cooperative association or residential real estate management association (i.e. a homeowner association) 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.

However, this does not mean the owner can fly the flag anywhere he wants without restriction. It cannot be inconsistent with: (1) federal law or any rule or custom pertaining to the proper display or use of the flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

The Homeowner Association can impose reasonable restrictions. So check with your Homeowner Association before you put up the flag.