Displaying a Foreign Flag in California HOA

Question:

We have a homeowner whose wife is from Ukraine. They fly the Ukranian flag on their balcony on a flag pole in a flag pole holder.
Our HOA Board is telling them to take it down and they’re fining the couple $100 a month at first and now quarterly.
According to the Davis-Sterling Act, the couple is within their rights to fly the flag, but the HOA Board seems to be on a power trip.
Who is right and what recourse does the couple have? Also, is this a matter that they could sue just the HOA Board?

– Daniel

 

Answer:

Hi Daniel,

According to the Davis-Stirling Act, an association’s governing documents may not prohibit the display of flags of other countries. However, they may limit the number of flags to one. Homeowners do have a right to sue the HOA or HOA board, but taking legal action should be the last resort. It is best to talk to the board first and explain the law to them.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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