American Flag Controversy in Richmond, VA; Part 2

Approximately ten years ago a large community association told a Vietnam veteran that the American flag he was flying at his home was in violation of the covenants of the neighborhood. The case went to court and that homeowner lost the legal case, with the court finding that the owner was in violation of the covenants of the association.

Thereafter, the Virginia legislature enacted a statute to address the display of the American flag. Section 55-513.1 of the Virginai Code states that an association may not prohibit an owner from displaying the flag unless such a prohibition is in the associations' rules, provided in the disclosure packet given to all new homeowners. The association may also reasonably restrict the time, size, place, duration and manner of placement or display of the flag.

Now, one of the oldest living World War II Medal of Honor winners has been told by his association that he must remove the flagpole in his yard because it is not aesthitically pleasing. This matter has received national attention, and the ACLU as well as Virginia Senators Mark Warner and Jim Webb have interceded. The association and the owner are discussing a resolution to the situation.

This situation highlights how an association may be correct in attempting to enforce their covenants and rules and regulations, but can often face a firestorm for doing so. The number of community associations, and people living in them, are growing, but often you find that people are unaware of the restrictions imposed by the neighborhood until they find themselves in violation of them. Frequently, the association, rightly or wrongly, is seen as overbearing and unreasonable when they attempt to enforce the restrictions. Emotions can run high when you are dealing with people's homes. This underscores how important it is for an association to be mindful of the approach it takes in dealing with many of these situations. The importance of enforcing the restrictions must be tempered with reasonableness, and most importantly, the manner and approach taken in enforcement can be critical to avoid an escalation of the situation, including being seen as the "bad guy" in your city, town or nationwide.