Displaying Patriotism in HOAs
We hope you all had a wonderful holiday weekend and took time to reflect on the sacrifices that our men and women in the military have made for the United States. For those of you who have lost loved ones in the service of our great country, our thoughts and prayers are with you.
Americans express their thanks to the members of our military and their patriotism in a variety of ways. One of the most common ways they do this is by displaying the American flag. As we continue to remember those lost while serving their country and with Flag Day and the 4th of July fast approaching, now is an appropriate time to remind HOAs about Colorado law relating to flying the American flag and service emblems.
Here’s what HOAs need to know:
● The Colorado Common Interest Ownership Act (“CCIOA”) at C.R.S.38-33.3-106.5(1) (a) & (b) addresses what associations are prohibited from regulating relative to the American and service flags. These provisions apply to all HOAs – including pre-CCIOA communities.
Display of the American Flag
● HOAs cannot prohibit the display of the American flag on a unit owner’s property, in a window of the unit, or on a balcony adjoining the unit if the American flag is displayed in a manner consistent with the Federal Flag Code.
● HOAs are permitted to adopt reasonable rules that regulate the placement and how the American flag is displayed.
● HOAs cannot prohibit the installation of flagpoles. However, associations are permitted to regulate the location and size of flags and flagpoles.
Display of Service Flags
● HOAs cannot prohibit the display of a service flag bearing a star denoting the service of the owner or occupant of the unit, or a member of the owner’s or occupant’s immediate family, who is serving in the active or reserve military service of the United States during a time of war or armed conflict.
● HOAs must permit service flags to be displayed on the inside of the window or door of a unit.
● HOAs are permitted to adopt reasonable rules regarding the size and manner of display of service flags. However, the maximum dimensions allowed may not be less than nine inches by sixteen inches.
These provisions of CCIOA are the minimum standards HOAs must comply with. However, it is not unusual for associations to be more permissive in regulating the display of the American and service flags. Many HOAs have also become supportive of families wishing to fly or display banners supporting their loved ones who are serving in armed conflicts.
Winzenburg, Leff, Purvis & Payne joins Americans in remembering our fallen heroes and in thanking our current and retired members of the military services for their dedication and sacrifices.