Can Your HOA Make You Take Down the American Flag?

Picture this: You hang an American flag outside your New Hampshire home for the Fourth of July, and then receive a notice telling you it violates the rules.

Can a condominium association, homeowners association or landlord really make you remove it?

🏠 In most cases, a complete ban on displaying the American flag is not allowed. Federal law and New Hampshire law both protect the right to display the flag at a private residence. However, that does not mean every flagpole, bracket or oversized display must automatically be approved.

The federal Freedom to Display the American Flag Act of 2005 applies to condominium associations, cooperative associations and residential real estate management associations. It was signed into law in 2006.

The act generally prevents these organizations from enforcing rules that completely prohibit an owner from displaying the United States flag on residential property the owner possesses or has the exclusive right to use.

⚖️ There is an important catch: associations may still adopt reasonable rules about how and where the flag is displayed. An association might regulate the flag’s size, where a bracket may be mounted, whether a pole creates a safety concern or whether an installation could damage siding or common property.

In other words, an HOA may be able to say, “You cannot drill into the building without approval,” but it generally cannot say, “No American flags are allowed anywhere.”

🌲 New Hampshire provides even broader protection. Under RSA 3-E:3, no rule, municipal ordinance or agreement may prohibit flying the United States flag from a private residence that is owned, rented or used by a private person.

That wording matters because it is not limited only to homeowners. It may also protect tenants and other lawful occupants. Reasonable restrictions involving the flag’s size or manner of display may still apply.

🏢 New Hampshire condominium law adds another interesting detail. A condominium association may regulate the size and manner of display, but it may not prohibit an outdoor American flag displayed according to state and federal law. A flag mounted from a unit owner’s balcony or deck may even extend beyond the deck’s vertical boundary into the common area.

🔨 The biggest disputes often involve installation—not the flag itself. A tenant or condominium owner may still need permission before drilling into siding, attaching hardware to common elements or constructing a permanent flagpole.

⭐ In New Hampshire, an association or landlord generally cannot impose a blanket ban on the American flag. They may regulate the size, location and installation—but they usually cannot simply tell residents that the flag itself is not welcome.