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Can my HOA prohibit a flag pole in my front yard for the…

Customer Question
Can my HOA prohibit...

Can my HOA prohibit a flag pole in my front yard for the purpose of flying the flag of the United states?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

California

Lawyer's Assistant: Has any paperwork been filed?

We requested the flag pole and it was denied, however my husband went ahead and put it in and now we have a notice to remove it. the CCR's say no free standing flag pole in front yard, but my husband wants to hang his hat on the california law reference flying the flag. CA civil code 1353.5.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what I said.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 3 minutes by:
1/8/2018
Real Estate Lawyer: Ray, Lawyer replied 1 month ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 45,303
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 1 month ago

California law which you can argue with them over.

California Civil Code
1353.5. (a)

Displaying Flag of United States

Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by an owner on or in the owner’s separate interest or within the owner’s exclusive use common area, as defined in Section 1351. (b) For purposes of this section, “display of the flag of the United States” means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component. (c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorneys’ fees and costs.

There are cases pending here that have same facts..you may have to sue here

https://www.nbclosangeles.com/news/local/American-Flag-Leads-to-HOA-Flap-389548241.html

Try to get local media involved here.It might help.

I appreciate the chance to help you,t his is tragedy here no doubt.

Thanks for rating 5 stars and prayers to you.

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Customer reply replied 1 month ago
OK thanks for no answer at all. I already knew that. I gave the Civil Code section in my question!
Real Estate Lawyer: Ray, Lawyer replied 1 month ago

Yes the issue here which California courts are dealing with, they claim its just he pole, you should argue they are banning the flag itself which is illegal.As you can see here in the article above they sued and got the media involved hoping to back down the HOA.I truly hope someone can prevail on this issue.It shows the ridiculousness of HOAs.They are like an unregulated branch of government.

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Real Estate Lawyer: Ray, Lawyer replied 1 month ago

I hope you will keep fighting this, I believe the courts will side with owners on this issue because of the California law.

Legal aid might take this on for you

http://www.caforjustice.org/about/organizations

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Real Estate Lawyer: Ray, Lawyer replied 1 month ago

ACLU might take this up for you too

https://www.acluca.org/

Good luck here with this.

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Real Estate Lawyer: Ray, Lawyer replied 1 month ago

Please let me know if you have more followup I want to help you here.

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