HOA in Ohio requiring Veteran to remove or move Flagpole flying U.S. or Air Force Flags

A recent news story reported that an HOA in Ohio is requiring an owner to remove his flagpole or attach it to his home. According to the story, the owner has flown either the United States or Air Force (with whom he previously served for 8 years) flags on the pole for the past nine years without issue. http://www.wlwt.com/article/veteran-outraged-after-instructed-to-remove-american-flag-from-yard/19664643 

In Colorado, CCIOA permits an association to adopt rules regulating the location and size of flags and flagpoles intended to display an American flag. An association, however, cannot prohibit the installation of a flag or flagpole

Similarly, an association can adopt rules regarding the size (not less than 9” x 16”) and manner of display of service flags.  However, the right to display a service flag is only protected if:

  • it is located on the inside of a window or door of a unit; and
  • denotes the service of the owner or occupant of the unit (or a member of their immediate family) in the active or reserve military service of the United States; and
  • during a time of war or armed conflict.

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