Virginia and Hawaii currently have bills pending concerning flag flying in home owner associations. The prevailing view nationwide seems to bar or look unkindly on efforts to outright bar flag flying.
I suggest that Homeowner Associations take a hard look at HOA rules that ban flag flying. Generally, I think they are a bad idea.
Certainly, reasonable limitations concerning the time that flags may be flown and the manner may be fine. But be sure that your rules are legal --there are laws regarding this subject.
However, these absolute or near absolute, or otherwise not reasonable bans are going to be problematic. They not only implicate free speech concerns, but they touch on issues of patriotism and community friendliness as well.
And courts and legislatures seem to generally disfavor blanket restrictions. Yes, there are worse things in life than living in a patriotic, flag waiving community.
May I suggest that you save money on legal fees and allow flags to be displayed.
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