Quick Answer
MCL 559.156a says a developer or association of co-owners "shall not prohibit a co-owner from displaying a single United States flag of a size not greater than 3 feet by 5 feet anywhere on the exterior of the co-owner's condominium unit." It was added by 1991 PA 183, with immediate effect on December 27, 1991.
The one thing boards should know: a rule or document provision that bans a flag within those limits cannot be enforced. The statute is short and sets no procedure or penalty.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | MCL 559.156a (Condominium Act, 1978 PA 59, section 56a) |
| Effective date | December 27, 1991 (1991 PA 183, immediate effect) |
| Applies to | Condominium developers and associations of co-owners (not HOAs that are not condominiums) |
| Key limits | "a single United States flag"; "not greater than 3 feet by 5 feet"; "anywhere on the exterior of the co-owner's condominium unit" |
| Prior prohibitions | Not to be enforced on or after the effective date |
| Remedy or penalty | None stated |
What the Law Says
Section 56a has two sentences. The first: "A developer or association of co-owners shall not prohibit a co-owner from displaying a single United States flag of a size not greater than 3 feet by 5 feet anywhere on the exterior of the co-owner's condominium unit."
The second: "A developer or association of co-owners shall not enforce a prohibition in existence before the effective date of this section on or after that effective date."
The elements, in plain terms:
- Who is restricted: the developer and the association of co-owners.
- Who is protected: a co-owner. The text uses "co-owner," which the Act defines as someone who owns a condominium unit, including land contract vendees and vendors (MCL 559.106(1)). The section does not mention tenants.
- What is allowed: one United States flag, no larger than 3 feet by 5 feet.
- Where: "anywhere on the exterior of the co-owner's condominium unit."
- Existing bans: a prohibition that already existed when the section took effect cannot be enforced afterward.
The Act separately lets bylaws contain provisions "for restrictions on the sale, lease, license to use, or occupancy of condominium units" and provisions "appropriate for the administration of the condominium project not inconsistent with this act or any other applicable laws" (MCL 559.156(a)-(b)). Our reading: a bylaw that conflicts with section 56a is "inconsistent with this act," so section 56a controls over the conflicting rule.
What This Means in Practice
For boards
If your rules or bylaws prohibit all exterior flags, that part cannot be enforced against a single qualifying United States flag. Our reading: the safest approach is to amend or remove the conflicting language through the process in your documents, and in the meantime not to issue violations for a single flag within the size limit.
The statute leaves several things unaddressed, and a board should treat these as open questions with counsel:
- It does not mention flag poles, brackets, lighting or how a flag is attached. Whether the association can regulate mounting hardware or lighting is not answered by the text we read.
- It does not address flags other than the United States flag. State flags, military flags, sports flags and similar are outside this section. Whether other flags can be regulated depends on your documents and other law.
- It does not say whether a flag can be displayed in a limited common element such as a balcony or porch, though "anywhere on the exterior of the co-owner's condominium unit" is broad language. Whether a particular area counts as part of "the exterior of the unit" can depend on how your master deed defines the unit and common elements.
- It does not set display etiquette, hours or condition standards.
The statute states no penalty or remedy for violating it and creates no complaint process. How an owner would enforce it is not set out in section 56a. Co-owner suits to enforce the Act and the documents are covered in a separate section of the Act (see related pages).
For owners
You may display one United States flag, up to 3 feet by 5 feet, on the exterior of your unit even if older rules said otherwise. A second flag, a larger flag, or a different flag is not covered by this section. If the association objects, ask the board to point to the specific rule and review it against MCL 559.156a. Keep any correspondence.
For developers
The developer is named alongside the association. A developer-written master deed or bylaws that bans exterior flags cannot be used to stop a co-owner from displaying a qualifying flag.
Timeline
| Date | Event |
|---|---|
| July 1, 1978 | Condominium Act, 1978 PA 59, takes effect |
| December 27, 1991 | Section 56a added by 1991 PA 183, immediate effect |
Related Michigan Law
- MCL 559.207 and 559.215: co-owner enforcement suits
- MCL 559.190: amending the master deed and bylaws
- MCL 559.147a: disability modifications
- MCL 559.154: mandatory bylaw provisions and ADR
- HOA violation enforcement in Michigan
- Michigan Condominium Act 2026: guide for boards
Board Checklist
- Search your bylaws, rules and architectural guidelines for any flag, sign or exterior-display language.
- Identify any provision that bans a single United States flag of 3 feet by 5 feet or smaller.
- Pause enforcement of that provision as to qualifying flags and ask counsel to confirm.
- Decide through your amendment process whether to clean up the conflicting language.
- Draft any rules on other flags or on mounting hardware only after counsel reviews them against the statute.
- Apply the rule evenly to every owner and record decisions in the minutes.
Frequently Asked Questions
Can a Michigan condo association ban the American flag?
Not a single United States flag up to 3 feet by 5 feet. MCL 559.156a says the association "shall not prohibit" it anywhere on the exterior of the unit.
Does the law cover more than one flag?
The text says "a single United States flag." More than one flag, or a larger one, is not covered by that sentence.
Does it protect other flags, such as military or state flags?
The section mentions only the United States flag. Other flags are not addressed, so your documents and counsel's advice control.
Does the section apply to tenants?
It protects a "co-owner." It does not mention tenants. Lease and tenant rules are in other sections.
Is there a fine if an association violates the section?
The section states no penalty or remedy. An owner's options would come from other law and counsel's advice.
What about flagpoles?
The statute does not mention flagpoles or mounting. Whether the association can regulate them is an open question to raise with counsel.
Does this apply to a non-condo HOA in Michigan?
Section 56a is in the Condominium Act and refers to condominium units, so by its terms it applies to condominium projects.
Where This Comes From
This page is based on the text of MCL 559.156a, MCL 559.156 and MCL 559.106 as published on the Michigan Legislature website (MCL 559.156a), current through PA 114 of 2026. We did not review court decisions or federal flag law.
<h2>Where We Stand</h2><p><strong>Our position: we are neutral on this statute.</strong> It balances owner rights and community standards, and boards should simply follow the text. Adopt clear, consistently enforced flag rules and review them with counsel. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.</p>
How APM Helps
Association Property Managers manages condominium and HOA communities across Michigan from our East Lansing office, with flat, published pricing. See our Michigan service area, browse every Michigan state-law guide, or request a free proposal. Laws and documents differ by community, and we review your master deed and bylaws when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.
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