Can homeowners association stop former NYPD officer from flying ‘thin blue line’ flag?

Dwell in a house ruled by a condominium, co-op or homeowner’s association? Have questions on what they’ll and can’t do? Ryan Poliakoff, an lawyer and creator primarily based in Boca Raton, has answers. 

Query: I’m having an issue with my HOA concerning the 3 toes by 5 toes skinny blue stripe American flag that flies over my storage. I’m a retired NYPD officer, and the blue stripe represents the officers who misplaced their lives within the line of responsibility. I’ve been flying that flag for about 10 years and have by no means been instructed that it’s an unacceptable flag.

I acquired an e mail on Friday from the HOA telling me that my flag have to be eliminated as a result of it’s not licensed as a result of they solely enable the official flag of the USA, not bigger than 4.5 toes by 6 toes, in addition to the Florida, Military, POW, Marine Corps, Coast Guard or Air Pressure flag. Banners or another flags are prohibited. I connected a photograph of the flag that they’re complaining about which is an American flag. Are you able to please inform me if they’ll make me take away that American flag and fly one solely with out the blue stripe? Thanks for any info you’ll be able to present. Signed, L.S.

Expensive L.S.,

The HOA Act was amended to develop the sorts of flags that will not be restricted by HOAs.

An affiliation might not prohibit a house owner from displaying as much as two flags, not bigger than 4.5 toes by 6 toes, as follows: the US flag, the State of Florida flag, a flag representing the US Military, Navy, Air Pressure, Marine Corps, House Pressure, or Coast Guard, a POW-MIA flag and, importantly, a “first responder” flag.

A primary responder flag is a flag that acknowledges legislation enforcement officers, firefighters, paramedics or EMS technicians, correctional officers, 911 public security communications, nurses, individuals in a statewide city search and rescue program, and federal legislation enforcement officers. Such flags might incorporate the design of another flag permitted beneath this legislation to type a mixed flag.

I feel there’s no actual query that this legislation was supposed to guard flags like yours.

To explain your flag to readers, think about an everyday American flag, however take away the pink line from the precise of the starfield and the white and pink line beneath, and exchange them with a navy blue stripe, a royal blue stripe, and one other navy blue stripe. That could be a flag that comes with the design of the American flag and modifies it to acknowledge legislation enforcement. I don’t suppose it may be restricted by your HOA.

I’ll point out although, to your curiosity, that your flag possible violates the US Flag Code. Now, that legislation is simply advisory, and your flag is just not unlawful. However the Flag Code prohibits defacing an American flag, and taking an everyday American flag and altering three of the stripes would violate the letter of that code.

It’s extra widespread to see skinny blue line flags which can be black and white aside from the blue stripe; and the explanation for it is because when the flag colours are modified that drastically, the flag is not a real American flag, and so the Flag Code not applies in any respect.

Once more, the Code is solely permissive, and you’ve got a proper to fly no matter kind of American flag the legislation in any other case permits (and it’s not one thing that might offend me, personally). I merely point out it for the curiosity of readers who might increase the query of whether or not yours or different skinny blue line flags are “authorized” (they’re all authorized, as a result of the Flag Code is just not an enforceable legislation — however the black and white legislation enforcement flag is extra widespread for the explanations described above).

Query: When a condominium has a rule stating that homeowners can hire just one time in a 12-month interval, is there any precedent for what occurs if the tenant dies only some months right into a lease? Can the condominium inform the proprietor that they can not hire once more till the top of the 12-month interval? That appears extraordinarily unfair to the proprietor. Signed, M.M.

Expensive M.M.,

There is no such thing as a steering on this so far as I’m conscious, and it’s one thing that occurs on a regular basis in numerous contexts. For instance, tenants can even simply vacate leases early, and it will create the identical scenario (though maybe with a bit much less sympathy). I additionally see this rather a lot with leasing provisions that require homeowners to serve a leasing moratorium after they first buy a unit — what occurs if there’s a tenant in that unit when it transfers? Have they got to kick the tenant out? And is that truthful to the tenant who has been fortunately residing within the condominium, typically for a few years?

There are not any solutions to those points.

Once I draft provisions like this, I’ll typically incorporate language coping with the leasing moratorium, particularly. However with respect to the scenario you describe, I feel that’s only a case of being out of luck, and an instance of restrictions like this not all the time being truthful.

Ryan Poliakoff, a accomplice at Poliakoff Backer, LLP, is a Board Licensed specialist in condominium and deliberate growth legislation. This column is devoted to the reminiscence of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Client’s Information to Condominium, Co-Op and HOA Residing.” E-mail your inquiries to condocolumn@gmail.com. Please make sure to embody your location.

This text initially appeared on Palm Seaside Put up: HOA challenges ex-NYPD cop for flying ‘thin blue line’ American flag