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Political flags

My HOA sent me a notice of violation because under 33-1808 it gives a list of allowable flags and also goes into political signs. I had a political flag which I was told didn’t meet the allowable flags per the statute. My flag simply had the candidates names. I was told since under the political signs portion it did not mention flags or banners, that they were not allowed and I had to remove it and only put ip rigid signs. What say you?

1 Response

  1. Dennis Legere

    Rosalie,
    The truth is that 33-1808 does list a group of allowable flags, it lists a group of flags that the association cannot prevent any homeowner from flying. Your association cannot limit any flag unless you have a specific restriction in your CC&R’s restricting flags. If you do not have restriction in the CC&Rs the association cannot establish a rule that restricts your fundamental freedom of speech to fly any flag that you want. While most CVC&Rs have restriction on signs the political sign provision was written to focus on political signs. A sign is not a flag for both situations.

    Dennis

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