articles by barry A. Ross

What types of flags may be prohibited by the association?

An association may not prohibit the flying of a United States flag by an owner in the owner’s separate interest or in the owner’s exclusive use common area.

Non-commercial flags, including other national flags, state flags, military flags and school flags, may not be prohibited by an association provided (a) the prohibition on display is not required for the protection of public health or safety, or if the display would violate a local, state or federal law, and (b) the flag is not more than 15 square feet in size.

All commercial flags can be regulated or restricted by the association. See also: Fourth La Costa Condominium Association v. Seith (2008) 159 Cal. App. 4th 563, where the court held that signs advertising property for sale or lease constitute “commercial speech” and may be regulated and restricted by the Association, but may not be banned entirely.