The bylaws do not identify flags
they only reference signs. This issue can be debatable because it is unclear. Here is the debatable issue; our bylaws do not specify what types of flags you are allowed to fly. If the bylaws specified official U.S. Flag, Military flags, etc. then all flags other than those would be in violation. The Trump flag or even a Harris flag could raise a free speech debate.
Investigation into case law and possible court decisions should be done prior to enforcing flags as political signs. In order to ensure that this does not open a can of worms, the Board must add flag
to the by-laws and that would make it clear and then they will have the power to enforce the removal of the flag without the offender
taking it to court. If the wording in the bylaws is not clear than the Judge would probably kick it back in favor of the person with the flag and the HOA will lose. NJ courts have held that using the courts to enforce such HOA rules when those rules would be unconstitutional if imposed by the state is itself forbidden, just as enforcement of private racially restrictive covenants was forbidden.
Homeowners associations are private organizations and not government actors, the courts give HOAs leeway to limit how residents display political signs but it must be defined clearly.
The New Jersey Constitution protects our right to free speech. New Jersey courts will balance the homeowner's fundamental right of expression with the interests of the association.
Wording on flags may not constitute a political message even if the person is running for office. Be very careful when addressing this issue. It will depend on how it is perceived if not clearly defined. Do we as a board really want to go there?
Mp/8/18/24