Can my HOA charge me a review fee to put up an American flag pole or am I protected under Flag Act of 2005? 9 Answers as of March 08, 2013

HOA wants to charge $150 architectural review fee for an American Flag in my lawn.

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Hamblin Law Office | Sally Hamblin
Yes that can occur. Money is generally the driving force along for their rules under the guise of beauty. If you were told you cannot have a flag that is different.
Answer Applies to: Michigan
Replied: 3/8/2013
Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
Tell them there is nothing to review, because as an American under the Flag Act, you have a right to have the United States flag on your property. Threaten to take them to court, or call the local newspaper. If they want to avoid a public relations nightmare, they will probably back down.
Answer Applies to: California
Replied: 3/7/2013
Kokish & Goldmanis, P.C.
Kokish & Goldmanis, P.C. | Bernard H. Greenberg
You should immediately contact an attorney who specializes in HOA matters on this question.
Answer Applies to: Colorado
Replied: 3/7/2013
Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
Would you rather pay the $150 or end up in court paying attorney fees to prove your point and avoid foreclosure? You could appeal to the HOA and then drop it or hire an attorney who will take your case and require a $5,000 retainer.
Answer Applies to: Michigan
Replied: 3/7/2013
Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
Good question. This falls well outside of my normal practice and I encourage you to visit with an attorney who can examine your circumstances more carefully. The Library of Congress summarizes the "Freedom to Display the American Flag Act of 2005" as follows a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag 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. If you are intending to place the flag on your own property - property that you own and have exclusive possession and use; as differentiated from, for example, common property the Flag Act should offer you some protection. However, you will want to discuss your intentions and unique circumstances with an attorney.
Answer Applies to: Indiana
Replied: 3/7/2013
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