homeowners associations

A protracted debate in the Richmond region has caused two General Assembly members to introduce legislation that limits homeowners associations' authority to regulate the display of flags on private property. The issue began when a Medal of Honor receipient chose to display an American flag on a pole in his yard. The association claimed it was not placed properly and threatened legal action. The bills introduced would allow homeowners to display a flag in compliance with federal guidelines rather than homeowners association regulations. The associations would have to prove that the flag would cause "substantial harm" in order to take action against the individual. If passed, this will strengthen homeowners' property rights relating lates to their respective property associations.

Read the full Free Lance Star story...

You may have read or heard about a Henrico County citizen facing a court battle with his community's homeowners association (HOA) over a flag pole.

Col. Van T. Barfoot, a 90 year old veteran and Medal of Honor recipient, has been ordered by his community's HOA to remove the flag pole or face legal action. According to Barfoot's daughter, the covenants do not expressly prohibit flag poles. The covenants require the association's architectural approval of any structures built on lots. The Sussex Square Homeowners Association in Henrico County maintains that the pole doesn't meet the community's aesthetic standards.

Virginia law requires HOAs to alert prospective purchasers as to any limitations on the owner's right to display an American flag. Therefore, Virginians should exercise due diligence before purchasing a home in a community that has a HOA covenant and should review the convenants carefully. Subject to certain limitations, HOAs are permitted to adopt rules about the appearance of homes within their boundaries and some HOAs can be quite strident in enforcing them. In this case, a home's feature is considered to be in violation of the covenant, even though it isn't expressly prohibited.

Virginia law entitles you to review HOA and condominium documents prior to closing on a property in associations subject to the Virginia Property Owners' Association and Condominium Acts. Consult your Realtor or legal adviser for details as to your rights and obligations.

Read the Richmond Times-Dispatch cover story about Col. Van T. Barfoot.