New Jersey 45:22A-48.1: HOA Rules on U.S. Flags, Yellow Ribbons and Troop Signs

Quick Answer

N.J.S.A. 45:22A-48.1 bars New Jersey condominium, private community (including retirement community) and cooperative associations from adopting or enforcing a rule or bylaw that limits or prohibits display of the U.S. flag, yellow ribbons, or signs supporting U.S. troops, or that charges a fee for the display. A rule in violation is "null and void." The association may still direct removal in four listed situations, such as a safety threat or a display that does not follow the federal Flag Code.

At a Glance

What the Law Says

Subsection (a) provides that a homeowners' association "formed to manage the elements of property owned in common by all members of a community, whether it be an association managing a condominium, a private community, including retirement communities, or a cooperative housing development, shall not adopt or enforce a rule or bylaw limiting or prohibiting the display of the flag of the United States of America or yellow ribbons and signs supporting United States troops, or charge a fee for any such display."

The same subsection says that "Any such rule or bylaw adopted by a homeowners' association in violation of this section shall be null and void."

Subsection (b) allows an association to direct removal of an American flag or yellow ribbons and signs supporting U.S. troops "when the display":

• threatens public safety;
• restricts necessary maintenance activities;
• interferes with the property rights of another; or
• is "conducted in a manner inconsistent with the rules and customs deemed the proper manner to display the flag, such as the federal flag Code, 4 U.S.C. s.1 et seq., or any other applicable law or guideline."

Section 1 of the same act contains a parallel rule for municipalities, which may not limit these displays by ordinance or resolution or require a bond or permit fee, subject to similar removal grounds.

What This Means in Practice

For boards

Review the rules for flag, banner, window and sign restrictions. A blanket rule that bans or limits the U.S. flag, yellow ribbons or troop-support signs, or charges a fee for them, falls within the prohibition. A rule that regulates how the display is installed in a way that treats a safety or maintenance concern, or the Flag Code, fits the removal exceptions.

Our reading: the removal grounds are written around specific conditions of the display, so a board should be able to point to the condition (for example, a pole that blocks a maintenance path) rather than rely on a general rule. Document the condition, the notice given, and the removal request.

For owners

An owner can display the U.S. flag, yellow ribbons and troop-support signs without a fee. The display can still be challenged if it threatens safety, blocks necessary maintenance, interferes with a neighbor's property rights, or is not displayed per the Flag Code or other applicable law or guideline.

What the law does not say

The text covers only the U.S. flag, yellow ribbons, and signs supporting U.S. troops. It does not mention state flags, military branch flags, POW/MIA flags, political signs or other flags. Our reading is that anything outside the three named categories is not controlled by this section, and is governed by the association's rules and any other law. We did not review court decisions on signs for this page. The 2003 bill statement notes that an earlier draft's phrase "any other patriotic display" was replaced with the current narrower wording.

The statute does not define how large a flag or sign may be, set a size or placement standard, or say who decides whether a display is "inconsistent" with the Flag Code. Those are open questions for counsel if a dispute arises.

Timeline

Related New Jersey Law

• N.J.S.A. 40:48-2.58, the municipal counterpart in section 1 of the same act
• EV charging stations in common interest communities
• PREDFDA overview
• New Jersey HOA laws and regulations overview

Board Checklist

• Search the rules and bylaws for limits on flags, ribbons, banners and signs.
• Remove or stop enforcing any rule that bans or limits the U.S. flag, yellow ribbons or troop-support signs, or charges a fee for them.
• If a display is a problem, identify which of the four removal grounds applies and document it.
• Reference the federal Flag Code (4 U.S.C. s.1 et seq.) when the concern is the manner of display.
• Treat other flags and signs under the association's reasonable rules and ask counsel before enforcing against them.
• Have counsel review any enforcement letter before it goes out.

Frequently Asked Questions

Can a New Jersey HOA ban the American flag?

No. Under 45:22A-48.1(a) it may not adopt or enforce a rule or bylaw limiting or prohibiting display of the U.S. flag, and such a rule is null and void.

Does this cover condos and co-ops?

Yes. The text names associations managing a condominium, a private community (including retirement communities) and a cooperative housing development.

Can the association charge a fee for flying a flag?

No. The statute bars a fee for the display of the U.S. flag, yellow ribbons or troop-support signs.

When can the association require removal?

When the display threatens public safety, restricts necessary maintenance activities, interferes with another's property rights, or is displayed in a way inconsistent with the Flag Code or other applicable law or guideline.

Does the law protect other flags, like a state flag?

The text does not mention them. Our reading is that they are outside this section, so check the association's rules and ask counsel.

What happens to a rule that violates the statute?

It is "null and void."

Where This Comes From

We read the current text of N.J.S.A. 45:22A-48.1 and the chaptered text of P.L.2003, c.209 (Assembly Substitute for Senate No. 2360 and Assembly No. 3269), available at pub.njleg.gov.

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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 New Jersey attorney before acting.