Show Your Patriotism: Your HOA Can't Tell You NO

Your Rights Under HOA Regulations: Displaying the U.S. Flag

Hello, I’m Oklahoma City attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.

Today’s video is a continuation of my series on things an HOA cannot do—or cannot stop you from doing as an individual. Today, we’re going to discuss the display of the U.S. flag on your property or in and around your property.

Understanding the Freedom to Display the American Flag Act

Under the Freedom to Display the American Flag Act of 2005, HOAs cannot stop you from displaying the American flag on your property if you have an ownership interest in that property or a right to exclusive possession or use of it.

More specifically, the Act itself states, almost verbatim, that:

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.

So again, quite simply: if you’re a member of an HOA and you have a property interest or exclusive use of your property, your HOA cannot prohibit you from displaying the U.S. flag.