COL Barfoot -Threads Merged

In reference to, "There oughtta be a law"...

The Freedom to Display the American Flag Act of 2005 prohibits a condominium, cooperative, or real estate management association from adopting or enforcing any policy or agreement that would restrict or prevent a member of the association from displaying the flag in accordance with the Federal Flag Code on residential property to which the member has a separate ownership interest.

The question here comes up in the last section of the Freedom to Display the American Flag Act of 2005 (http://www.govtrack.us/con<wbr>gress/billtext.xpd?bill=h1<wbr>09-42)

Section 4: Limitations
(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or

(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

In regards to the flag pole and the HOA rules, the 2 paragraphs come into conflict within that law. With the HOA denying the use of a flag pole, which is established under customs and rules of proper display of the US Flag, then is it reasonable for an HOA to deny that proper use for concerns of neighborhood aesthetics?

In what way does a flag pole detract or harm the visual appeal of the neighborhood, and is the HOA within their rights/authority to ask for its removal?

These are the likely key questions a judge would want answers for in court to make a ruling.