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HOA Consumer Advisory: Displaying your Flag
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May 27th is Memorial Day and here are some tips to remember as you exercise your right to display the American flag or a Service flag.
Section 38-33.3-106.5 of the Colorado Common Interest Ownership Act states that an association cannot prohibit:
- The display of the American flag on a unit owner's property, in a window of the unit, or on a balcony adjoining the unit if the American flag is displayed in a manner consistent with the federal flag code, Pub.L. 94-344; 90 Stat. 810; 4 U.S.C. secs. 4 to 10.
- However, the association may adopt reasonable rules regarding the placement and manner of display of the American flag.
- The association rules may regulate the location and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole.
- The display of a service flag bearing a star denoting the service of the owner or occupant of the unit, or of a member of the owner's or occupant's immediate family, in the active or reserve military service of the United States during a time of war or armed conflict, on the inside of a window or door of the unit.
- The association may adopt reasonable rules regarding the size and manner of display of service flags; except that the maximum dimensions allowed shall be not less than nine (9) inches by sixteen (16) inches.
American Flag Code Reminders
Under the United States Flag Code the following are some rules and customs pertaining to the display and use of the American flag:
- On Memorial Day, the flag should be displayed at half-staff until noon, then raised to the top of the staff;
- The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should again be raised to the peak before it is lowered for the day.
- It is the universal custom to display the flag only from sunrise to sunset; however, the flag can be displayed 24 hours a day as long as it is properly illuminated at night;
- The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed;
- The flag should never be draped over the hood, top, sides or back a vehicle;
- No other flag or pennant should be placed above or, if on the same level, to the right of the flag;
- No person shall display any national or international flag equal, above, or in a position of superior prominence or honor to the American flag.
- When displayed in a window, the flag should be displayed with the union at the uppermost and the flag’s own right, with the union or blue field to the left of the observer in the street;
- When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street;
- When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer’s left upon entering;
- If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north;
- If there are entrances in more than two directions, the union should be to the east.
- The flag, when it is displayed with another flag against a wall should be on the right;
- The flag should be at the center and at the highest point when there are a number of flags on display;
- When flags of two or more nations are displayed, they should be equal in size and flown from separate flagpoles of the same height;
- The flag should never be used as a covering for a ceiling; and
- The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
For more information please refer to section 38-33.3-106.5 of the Colorado Common Interest Ownership Act and the Federal Flag Code Pub.L. 94-344; 90 Stat. 810; 4 U.S.C. secs. 4 to 10.
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