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Cant hang U.S. Flag off balcony(CA)

87
Posted by2 months ago

Cant hang U.S. Flag off balcony(CA)

I hung my U.S. flag off my balcony, which hanging off 3 feet, and they said I can't because it is not the "Owners Exclusive Use Area."

Is there a way around this? It in my "Front Yard," which is like a 10x10 foot area.

58 comments
82% Upvoted
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level 1

If your HOA has a public "rule" book have them show you the specific rule stating that you don't own your balcony, and if they can't/won't you should put it back up and place a ring camera or something to watch it in case they do something. And I'm not too sure how Cali laws work but I know here, no one is allowed to make you take down a state/national flag

101
level 2
Op · 2 mo. ago

Rule in HOA Book

Outdoors. No person may install on the exterior of any unit in sight of the Association Property or other condominiums, any clothesline, patio cover, wiring, air conditioning equipment, heating units, water softeners, other similar Improvements, or other exterior additions or alterations to any condominium. Outdoor patio or lounge furniture and plants may be kept in an Exclusive Use Area in accordance with the Rules and Regulations. Outdoor display of the flag of the United States is permitted pursuant to California Civil Code Section 1353.5, as long as the flag and flag pole are located solely within, on and over the owner’s Exclusive Use Area.

Whatever owner’s Exclusive Use Area is defined as is the question. Ill make my balcony look really bad for the public out of retribution.

57
level 2
Op · 2 mo. ago

I checked book. No rules about what is exclusive use are in it.

14
level 1

A 30 second internet search gave me this article:

https://www.nolo.com/legal-encyclopedia/can-your-hoa-prohibit-you-from-flying-your-favorite-flag.html

To summarize, they can't prevent you from displaying the American flag, they might be able to control where it is displayed however. If it is hanging from a rickety flagpole over a public walkway, or blocks the view of other owners, or otherwise might cause a dangerous situation (such as blocking traffic).

27
level 2

They can also require that you follow US flag code (flag must be lighted at night, stars are on left side, etc)

3
level 1

Best way to get around this is to get a free-standing mount of some sort for the flag. Sometimes associations allow mounts to be clamped to the structure. Otherwise, use sandbags to keep the tripods or other equipment from falling over in the wind.

as long as the flag and flag pole are located solely within, on and over the owner’s Exclusive Use Area.

This probably means that you won't be able to drape the flag over the balcony. So unless you have approval to do so, you won't be able to clamp it onto the exterior of the balcony as that part will be outside of the "exclusive use common area", and into the "common area"

13
level 2

This

3
level 1

Why do you need to hang the flag regardless? Do American have a habit of forgetting the country they live in?

9
level 2

Nah, it's just a cultural identifier for brainless conservatives.

8
Continue this thread 
level 2
Op · 2 mo. ago

The same reason people in other countries wave their flag. What's wrong with being proud of the country and having a U.S. flag.

You think people in other countries don't do that?

3
level 2

Is because it's difficult to show solidarity with racists any other way.

1
level 1

Did u hang landscape or portrait

9
level 2
Op · 2 mo. ago

It's hanging on a pole pointing toward street out of reach 12 feet up.

4
level 2

Collate 20 copies

2
level 1

Are you in a condo?

3
level 2
Op · 2 mo. ago

Townhouse

3
level 1

Hang it on the wall behind the balcony.

3
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Created May 9, 2016