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Homeowners in HOA communities can fly U.S. Flag

Q: I have noticed multiple posts on social media that homeowners associations prohibit the display of the U.S. flag. With the Fourth of July weekend, can you address this. The Display American Flag Act of 2005, signed into law July 24, 2006, and Nevada Revised Statute 116.320 both cover this. I believe the HOAs can “reasonably restrict” the placement of to include size, location and dates but cannot completely prohibit the homeowner from displaying the American or Nevada State flags. Fortunately I do not reside in an HOA, so I can and do follow proper flag etiquette while flying the American Flag 24/7.

A: NRS 116.320 addresses the rights of the unit owners as to the display of the flag of the United States or the state of Nevada. An association shall not and the governing documents must not prohibit a unit’s owner from engaging in the display of the flag of the United States or of the state of Nevada within such physical portion of the community that an owner has a right to occupy and use exclusively, such as your patios, front and backyards.

The provision of this section of the law does not apply to the display of the flags for commercial advertising purposes. This section of the law does not preclude an association from adopting rules that reasonably restrict the placement and manner of the display of the flags.

The law further sets that the flag can be made of cloth, fabric or paper. The flag may be displayed from a pole, staff or in a window. With regard of displaying the flag of the United States, the display is to be consistent with 4 U.S. Chapter 1. For example, a flag can be displayed at night only if there is lighting shinning on it.

With regard to the state of Nevada flag, in may not be larger than the size of the flag of the United States that is displayed, if at all by the unit owner.

The term does not include a depiction or emblem of the flags that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building decorative or landscaping component.

Q: I was reading your article on armed security in HOA properties. I would like to know what insurance requirements are necessary to have them on the premises. I’m a homeowner in a HOA community and we have a company that I have researched, and have found horrific stories about this security company. I have had a few problems with this company with them towing my car illegally, I have sent them HOA’s covenants, conditions and restrictions and parking permit. They still seem to find a way to harass me and other homeowners. Any information would be greatly appreciated, thank you, and have wonderful day.

A: There are no insurance requirements under NRS 116 pertaining to associations wanting to obtain armed security companies to service their communities. If your association has armed security, your board and or management company should contact the association’s insurance company as to what insurance the security company should maintain. They should be properly bonded and licensed as an armed security company. Your security company should at least maintain property, liability and professional liability. Your association definitely wants to be protected under their insurance policy for any injury or death caused by their officers. All of their policies should specifically name as additional insured the association and the management company.

As to any wrongful misconduct or harassment, you definitely need to have your board and management company speak with their supervisor to review their policies and procedures of the association as well as their policies and procedures of their officers.

Q: There is a single-family property that has been purchased in a gated community that is managed by a property management company that has been under renovations for six to eight months with the intent to sell. It has two community violations that I have brought to the the HOA’s attention. Their response back to me is that because of “confidentially” they cannot disclose what actions that either the HOA or the property management company has taken to resolve these issues. The two issues are as follows:

1). The front lawn has not been watered and is now dead. The management company responded that they were aware of this issue. I am aware that they could be taking the lawn out to replace with desert landscaping and noted that if this was the case that they needed to complete this immediately (over one month since the first report).

2). There are changes made to the exterior of the house that need to be approved by the Architectural Committee. The changes allow for security gates and bars to the front entry of the house.

I am confused by the response that there are “confidentiality” issues that the management company is citing that they cannot tell me what actions (if any) have been taken to resolve these issues. Are there legal statues that the company has to operate under or are they just using this as an excuse to not inform property owners as to their attempts to resolve these issues?

A: Under NRS 116.31175 (4b), the records of the association relating to another homeowner, including without limitation, any architectural plan or specification submitted by the homeowner to the association during an approval process required by the governing documents is not to be made available to any other person. This would include any violation including delinquency of assessments or fines.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

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