Text of the HOA statement

Published July 14, 2007 at midnight

Text size

More Local News

The Cambridge Park Homeowners Association, Inc., through its legal counsel, Lansky

Weigler, P.C. issues the following statement:

Beginning in mid March of 2007, a number of complaints from residents were received by the

Cambridge Park Board of Directors with regard to an individual within the Association

displaying the American flag with the union down. The flag was displayed from a staff

projecting from the front of the house. The Association informally contacted and/or

communicated with the individual a number of times to advise that this action appeared to be in

violation of the Association's Patriotic and Political Expression Policy, and further, that many of

the members of the Association were disturbed by the action. The individual indicated that the

manner in which the flag was being displayed would not be changed.

Pursuant to Colorado statutes and the Association's governing documents, policies and

procedures, on April 24, 2007, Association & Community Management, as directed by the Board

of Directors, sent a "First Letter of Non Compliance" to the owners of the property on which the

flag in question was being displayed. Subsequently, a hearing before the Association was

requested and held on July 11, 2007.

The Hearing Board made the following determination:

The Cambridge Park Homeowners Association, Inc., adopted its Patriotic and Political

Expression Policy guided by and in compliance with the Colorado Revised Statutes Section

38.33.3-106.5 that states:

"Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the

association to the contrary, an association shall not prohibit any of the following:

(a) 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, P.L. 94-344; 90 stat. 810; 4 U.S.C. secs. 4 to 10. 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 Federal Flag Code states:

"When the flag of the United States is displayed from a staff projecting horizontally or at an

angle from the window sill, balcony, or front of a building, the union of the flag should be placed

at the peak of the staff unless the flag is at half staff."

and

"The flag should never be displayed with the union down, except as a signal of dire distress in

instances of extreme danger to life or property."

It is the Hearing Board's finding that the individual is violating the Federal Flag Code and

therefore, the Association's Patriotic and Political Expression Policy, by displaying the American

Flag with the union down. Her statement in defense of her action is that she is exercising her

constitutional right of free speech.

The question of whether an individual has such a legal right to ignore the Association's Policy

with regard to display of the American Flag is not a settled issue.

The Association has the discretion to decline taking enforcement action to achieve compliance

with its governing documents and restrictions based on both the Business Judgment Rule and the

Rule of Reasonableness.

The Hearing Board finds that it is informed in all aspects of this matter, and in good faith finds

that the best interests of all the Association's members would not be served by pursuing

enforcement under these specific circumstances. The financial and other resource costs to the

Association outweigh any harmful impact this violation may have.

The individual will not be fined nor further requested by the Association to change the manner in

which she displays her American flag.

Subscribe to the Rocky Mountain News