Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Question: I am having a problem with my HOA about the 3 feet by 5 feet thin blue stripe American flag that flies over my garage. I am a retired NYPD officer, and the blue stripe represents the officers who lost their lives in the line of duty. I have been flying that flag for about 10 years and have never been told that it is an unacceptable flag.
I received an email on Friday from the HOA telling me that my flag must be removed because it is not authorized because they only allow the official flag of the United States, not larger than 4.5 feet by 6 feet, as well as the Florida, Army, POW, Marine Corps, Coast Guard or Air Force flag. Banners or any other flags are prohibited. I attached a photo of the flag that they are complaining about which is an American flag. Can you please tell me if they can make me remove that American flag and fly one only without the blue stripe? Thank you for any information you can provide. Signed, L.S.
A man holds a thin blue line flag at a rally in Topeka in 2020.
Dear L.S.,
The HOA Act was amended to expand the types of flags that may not be restricted by HOAs.
An association may not prohibit a homeowner from displaying up to two flags, not larger than 4.5 feet by 6 feet, as follows: the US flag, the State of Florida flag, a flag representing the US Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, a POW-MIA flag and, importantly, a “first responder” flag.
A first responder flag is a flag that recognizes law enforcement officers, firefighters, paramedics or EMS technicians, correctional officers, 911 public safety communications, nurses, persons in a statewide urban search and rescue program, and federal law enforcement officers. Such flags may incorporate the design of any other flag permitted under this law to form a combined flag.
I think there’s no real question that this law was intended to protect flags like yours.
To describe your flag to readers, imagine a regular American flag, but remove the red line from the right of the starfield and the white and red line below, and replace them with a navy blue stripe, a royal blue stripe, and another navy blue stripe. That is a flag that incorporates the design of the American flag and modifies it to recognize law enforcement. I do not think it can be restricted by your HOA.
I will mention though, for your interest, that your flag likely violates the US Flag Code. Now, that law is just advisory, and your flag is not illegal. But the Flag Code prohibits defacing an American flag, and taking a regular American flag and changing three of the stripes would violate the letter of that code.
It is more common to see thin blue line flags that are black and white other than the blue stripe; and the reason for this is because when the flag colors are changed that drastically, the flag is no longer a true American flag, and so the Flag Code no longer applies at all.
Again, the Code is entirely permissive, and you have a right to fly whatever type of American flag the law otherwise allows (and it is not something that would offend me, personally). I simply mention it for the interest of readers who may raise the question of whether yours or other thin blue line flags are “legal” (they’re all legal, because the Flag Code is not an enforceable law — but the black and white law enforcement flag is more common for the reasons described above).
Question: When a condominium has a rule stating that owners can rent only one time in a 12-month period, is there any precedent for what happens if the tenant dies only a few months into a lease? Can the condominium tell the owner that they cannot rent again until the end of the 12-month period? That seems extremely unfair to the owner. Signed, M.M.
Dear M.M.,
There is no guidance on this as far as I’m aware, and it’s something that happens all the time in different contexts. For example, tenants can also just vacate leases early, and it would create the same situation (although perhaps with a bit less sympathy). I also see this a lot with leasing provisions that require owners to serve a leasing moratorium when they first purchase a unit — what happens if there is a tenant in that unit when it transfers? Do they have to kick the tenant out? And is that fair to the tenant who has been happily residing in the condominium, sometimes for many years?
There are no answers to these issues.
When I draft provisions like this, I will often incorporate language dealing with the leasing moratorium, specifically. But with respect to the situation you describe, I think that’s just a case of being out of luck, and an example of restrictions like this not always being fair.
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.” Email your questions to condocolumn@gmail.com. Please be sure to include your location.
This article originally appeared on Palm Beach Post: HOA challenges ex-NYPD cop for flying ‘thin blue line’ American flag
