Legal Question in Real Estate Law in Georgia

Homeowners Association against Flag Displays

Currently the HOA in my townhome neighborhood is under the control of the builder and management group. As a result of last year's displays of college themed flags throughout the neighborhood the HOA has passed an amendment restricting all flags except for the US flag.

Can a restriction of this nature be deemed constitutional? I, and manay of my neighbors, wish to fly a college-themed flag on Saturdays in the fall. Do we have any precedent to site in defense of our display that will trump their HOA amendment?

Thanks for any assistance!


Asked on 8/24/08, 2:33 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Homeowners Association against Flag Displays

You give up many "rights" when you make the choice to live in a community governed by an association. College flags obviously do not have any great Constitutional protection, and carry about the same weight as paint color, decorative items, and other issues governed by a board. No one here can tell you whether the amendment is otherwise valid or appropriate under any by-laws without reviewing many more facts. Your option is to go through the proper channels to change it, or wait out any change in control.

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Answered on 8/24/08, 2:51 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Homeowners Association against Flag Displays

I do a good bit of HOA law. I can tell you that the test about covenants, as far as they restrict the use of your property, is whether the restriction is "reasonable", whatever that means. There is no way to give you a decent opinion without reviewing your documents and possibly even taking a look at the development to see what else is going on, e.g., trash being allowed to accumulate or other things which would indicate that the Saturday display of flags is not out of keeping with the general flavor of the neighborhood. Consult with a local attorney.

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Answered on 8/25/08, 4:01 pm


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