Can HOAs Prohibit Owners From Flying the American Flag?
Flying the flag is an important way that Americans celebrate their liberty and the sacrifices of past and present heroes who defend it. There were news stories about a dispute between an Ohio homeowners’ association and a Vietnam veteran over a flagpole that brought an important issue to the forefront.
In Ohio, a homeowner erected a large flagpole on his property to fly the flag. The homeowners’ association told him that the flagpole (not the flag) violated the declaration of covenants for the neighborhood, and asked him to take the flagpole down. It offered to place flagpoles in common areas in the neighborhood, and suggested that the covenants would allow him to fly a flag on a pole attached to his house. He refused. After a firestorm of publicity, the HOA averted litigation by permitting the homeowner to keep his flagpole. The underlying question remains: can a homeowners’ association really prohibit an owner from flying the American Flag?

Virginia Leadership Retreat at The Homestead – 2012
It’s that time of year again to schedule your attendance at the Homestead for The Virginia Leadership Retreat. This event has become a favorite for Virginia community association attorneys, management companies, and business partners. The VLR is a very popular seminar sponsored by Central Virginia Community Association Institute, Southeastern Virginia Community Association Institute, and Washington Metropolitan Community Association Institute. Here are some photos from last year’s event.
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Virginia Leadership Retreat at The Homestead – 2011
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Mark your calendars for July 29, 2011 – July 31, 2011 for The Virginia Leadership Retreat, a time for you to enjoy a great weekend at The Homestead while networking with homeowner association attorneys, managers, and business partners. The VLR is a very popular seminar sponsored by Central Virginia Community Association Institute, Southeastern Virginia Community Association Institute, and Washington Metropolitan Community Association Institute.
Both Susan Tarley and John Tarley will teach classes at the VLR. Susan will discuss a topic about which we blog frequently, “Confidentiality: Preserving the Attorney-Client Privilege.” John will explore the use of social media to enhance your business marketing, “Social Media Marketing for CA Managers.” The discussion will include the use of Twitter, Facebook, and blogging to enhance your online business presence.
Other topics to be presented at the VLR include:
- Aging Community Infrastructures
 - Aging-In-Place: The Boomer Community
 - Fresh Regs for Fresh Water
 - Nuisances, Noxiousness and Offensiveness
 - E-voting, E-signatures, E-etc.; Technology and the CA
 - RFP’s from Start to Finish
 - Rules: Purpose, Philosophy and Reasonableness
 - LEGAL and LEGISLATIVE UPDATE
 - Transition I: Developer to Owner
 - Ethical Challenges in Managing Community Associations
 - Transition II: Manager to New Management
 - Unauthorized Practice of Law
 
Use this form to register now for the Virginia Leadership Retreat while rooms are available and enjoy a fantastic weekend at The Homestead and its three championship golf courses, one of the world’s premier spas, a world-class shooting club, fly fishing with Orvis-endorsed instructors, 100 miles of trails to explore, and an award-winning KidsClub. The VLR is one of the top CAI programs, we hope to see you there!
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia





