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California prevents homeowners associations from restricting flags except in matters of public health or safety in Arizona and Texas, restrictions on political signs are lifted in the months immediately preceding an election and for a handful of days following. Some stipulate the size of permissible flags others allow holiday signs and sports banners, but little else. flag are exempt.įlag restrictions for private homes can be as varied as U.S. That district maintains a home improvement reference guide, which states that preapproval is required for nearly all flags. Pendery’s case, his community is overseen not by a traditional homeowners association, but a metropolitan district, which is a government entity with a democratically elected board. “These allow the HOA to regulate expression that would otherwise be considered ‘free speech.’” “HOAs get most of their powers from the contracts that they make their residents sign,” said Jeremy Rovinsky, a law professor and dean of National Paralegal College. At a time when even the image of the American flag has become polarizing, these policies are leading to accusations of partisanship and violations of constitutional rights. But buried in their contracts are often limits on the size and style of flags that homeowners can fly.
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Homeowners associations, which are created with the purpose of upholding property values, also dictate quotidian duties of homeownership: where to place trash bins, when to trim lawns, even which colors of paint are appropriate. There are more than 370,000 homeowners associations across the country, collectively representing more than half of all owner-occupied U.S. What he didn’t anticipate was a drawn-out legal battle, one that took him all the way to Denver Federal District Court in early March. When he hung up the flag at the end of August 2020, he hoped that the pennant would show solidarity for L.G.B.T.Q. Pendery, 44, a marketing executive, lives with his husband and their two children in Arapahoe County, Colo. David Pendery’s rainbow pride flag had only been waving outside his house for a few days when a letter arrived ordering him to take it down.