Iraq War veteran is refusing to take down his American flag, despite demands from a homeowners association.
Daniel Toner said that the property manager of his Suffolk, Va. home first said in an email that he could fly a flag off of his porch. Then, he said he got another letter that said he had to take the flag down until the homeowners association passed a resolution to allow flag holders on homes.
Chesapeake Bay Management President Dana Shotts-Neff talked to WAVY.com over the phone on Tuesday. She said the Belmont Park Owner’s Association has, “no intention of denying anyone the right to fly the American flag.”
Shotts-Neff said a flag holder is considered an alteration to a home, and residents need to apply for alterations.
Toner said, in all his communication with the management company, he has never been told he needed to apply to install a flag holder. He added, he doesn’t believe it’s something anyone should have to apply for.
“You shouldn’t even have to ask permission to have a flag on your property, that’s a right according to Congress,” he said. “That flag’s staying right where it is – I don’t retreat.”
A resolution to allow flag holders on the community’s homes is expected in July.
Knowledge is power! Your right to display the United States flag is protected by federal law. The “Freedom to Display the American Flag Act of 2005” makes it illegal for an HOA to restrict owners from displaying a U.S. flag.
Text of the Freedom to Display the American Flag Act of 2005. This bill was enacted after being signed by the President on July 24, 2006. The text of the bill is as of Jul 19, 2006 (Passed Congress/Enrolled Bill).
SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
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