Association Answers: Display Flags and Balcony Grills

In Association Answers, KSN attorney Matthew Moodhe addresses frequently asked questions from community association board members and property managers. If you have legal concerns, please contact Matt or any of the attorneys at our law firm by calling 855-537-0500 or visiting www.ksnlaw.com/contact.

Q: Can an association restrict owners from displaying flags?

Flag display is a common issue in condominium, homeowner (HOA), or townhome community associations. While boards may adopt rules regulating flags, those rules are often limited by federal or state law. In many jurisdictions, associations cannot prohibit the display of certain flags (most notably the American flag or military service flags) even if the governing documents suggest otherwise.

That said, community associations are typically permitted to adopt reasonable rules regarding how flags are displayed, including:

• Guidelines on the size of the flag
• The type and placement of flagpoles
• Where flags can be installed (ex. limited common elements, exterior areas)

As a best practice, boards and management should consult with the association’s attorney to understand what restrictions are enforceable in their specific jurisdiction and ensure their flag policies are clearly written and uniformly enforced. Overly restrictive or inconsistent rules can lead to owner disputes or legal challenges. Proactively working with legal counsel helps ensure the association’s rules strike the proper balance between respecting owner rights and maintaining the community’s aesthetic standards.

Q: Can an association ban grills on balconies?

Safety concerns are a common reason why associations regulate or restrict the use of grills, especially in communities with shared structures or combustible materials like wood balconies or siding. In many cases, boards have the authority to adopt rules that limit or prohibit grills if they determine there is a legitimate safety risk. However, that authority depends on the association’s governing documents and applicable law, so boards and management should confirm with the association’s attorney.

In addition to internal rules, associations should also consider local ordinances and fire codes which may restrict grills within a certain distance of buildings or combustible materials. Even if local laws are silent, the association’s insurance carrier may impose requirements or recommendations that impact whether grills are permitted. Allowing grills in violation of these standards could create safety risks and potentially affect the association’s insurance coverage or premiums.

As a best practice, boards should adopt clear, well-documented rules that are consistent with their governing documents and supported by safety considerations. Working with legal counsel and insurance professionals can help ensure the policy is enforceable, reduces liability exposure, and is applied consistently across the community.

Legal Resource

Do not hesitate to contact our law firm if your condominium, homeowner (HOA), or townhome community association has questions regarding board member responsibilities, owner disputes, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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