In response to some associations in the United States prohibiting the display of service flags honoring men and women serving in the armed forces, Senator Jim Webb of Virginia introduced the S.3477 in the United States Senate. More commonly referred to as the Blue Star/Gold Star Flag Act of 2010, S.3477 provides that associations “. . . may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the Service Flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive use or possession.” However, associations would be permitted to create reasonable restrictions “pertaining to the time, place, or manner of displaying the Service Flag necessary to protect a substantial interest of the . . . association.”
S.3477 is similar to a provision of the Colorado Common Interest Ownership Act (“CCIOA”) which has been on the books for several years now and provides that associations may not prohibit “the display of a service flag bearing a star denoting the service of the owner or occupant of the unit, or of a member of the owner’s or occupant’s immediate family, in the active or reserve military service of the United States during a time of war or armed conflict, on the inside of a window or door of the unit. The association may adopt reasonable rules regarding the size and manner of display of service flags; except that the maximum dimensions allowed shall not be less than nine inches by sixteen inches.”
S.3477 has been referred to United States Senate Committee on Armed Services for consideration. We will provide you with updates on any significant developments as they occur.