- Local News
--By Ralph Stepp on --
First of all, I encourage every home owner to offer to work with your HOA to identify a method agreeable to both parties of expressing your Patriotism. American Flags are controlled under a federal law signed by President Bush.
Posting of signage has been to court many times and the Right of Free Speech has never been curtailed, but there is possibility of “burdensome restrictions” to times and methods of display which are also banned.
Here are some but not all of the cases cited.
President signs bill freeing homeowners to fly U.S. flag
Tuesday, July 25, 2006
WASHINGTON — President Bush signed a bill yesterday that bars condominium and homeowner associations from restricting how the American flag can be displayed.
H.R. 42 was passed unanimously by both the House and the Senate.
“Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation,” Bush said in a statement. “As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizen’s right to express their patriotism here at home without burdensome restrictions.”
Please remember that religious rights fit these same tests and Rights issues.
Illinois assures condo owners right to religious displays
Tuesday, April 18, 2006
Editor’s note: The 7th U.S. Circuit Court of Appeals ruled in July 2008 that a rule barring religious displays on doors and in hallways in condominiums did not violate the Fair Housing Act. Though a law in Illinois guarantees the right to have religious displays, Chicago resident Lynne Bloch sued her condominium complex for previously prohibiting her from displaying a traditional Jewish mezuzah. The case is Bloch v. Frischholz.
N.J. homeowners groups must recognize residents’ free speech
Wednesday, February 8, 2006
TRENTON, N.J. — A state appeals court panel ruled yesterday that homeowners associations must recognize residents’ rights to freedom of speech under the New Jersey Constitution.
Yale writings on the First Amendment http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2559&context=fss_papers
“A number of cases have been won on the grounds that “no alternative methods of expression have been made available” this is example of one.
As we discussed in our recent blog post and client alert on the Mazdabrook case, the overall impact of the Supreme Court’s decision is that associations cannot absolutely ban a unit owner’s right to post a political sign on his or her own property even if that property is subject to community rules and regulations. Yet, the Court reaffirmed an association’s right to enact reasonable time, place and manner restrictions on signs, such as limiting the number or location. Moreover, written criteria for signs must exist prior to enforcement.”
June 13, 2012
“In yesterday’s 5-1 opinion in Mazdabrook Commons Homeowners’ Ass’n. v. Khan, the Supreme Court concluded that Khan’s signs interfered minimally with the condo’s property or common areas and noted that Mazdabrook didn’t offer “alternative means of political communication.”
As many of you know that the Georgia Legislature has a bill (4181) before it to prohibit Governmental and HOA banning of Political and Flag display restrictions by establishing rules under which it is controlled and seemly fits the spirit of most of the decisions by allowing a number of signs and the time limits. It does nothing to answer the religious questions that remain, ie what and when or if the State or local government can restrict or otherwise control Religious Expression. Everyone is encouraged to contact your representatives and senators to express your desires of support or opposition to same.