The Right to Fly the Flag of The United States of America
Rick Roberts was recently contacted by a listener named Spencer Woods. Spencer has been flying his American Flag since 1992 out in front of his condo in Sabre Springs. He recently received two notices from his property managers at Menas Realty to remove his flag, or suffer possible penalties and/or fines. He’s scheduled to go before the condo association July 27th. If you have had an experience like this, you should know that:
However, Menas Realty does not consider the front of his garage as part of his exclusive use area. CC&Rs can be ridiculous! What is so offensive about seeing our Flag flying free?
According to CA Government Code: Section 434.5, General Provision 1353.5 (b), the right to fly the Flag of The United States of America on your property supercedes condo association CC&Rs. The law not only provides for display on your property ‘on a pole or staff’, it also allows the Flag to be flown in ‘exclusive use’ areas such as patios and yards.
However, Menas Realty does not consider the front of his garage as part of his exclusive use area. CC&Rs can be ridiculous! What is so offensive about seeing our Flag flying free?
