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How should our HOA care for the American flag and flagpole at the community entrance?

By OurHOA · General information · Revised

Caring for an HOA entrance flag: night lighting, half-staff orders in TX, FL and CO, flying two flags on one pole, retiring worn flags and inspecting the pole.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

An entrance flag is a small job that goes wrong in public. Three things need an owner on the board: keeping the flag lit or taking it down at night, lowering it to half-staff when the President or the governor orders it, and replacing it before it frays into a rag. The pole itself needs a look once or twice a year. The rules most boards follow come from the federal Flag Code, 4 U.S.C. 5 to 10, which section 5 addresses to civilians and civilian groups. It is written as custom and guidance, not as a list of offenses, so nobody gets cited for a faded flag. Texas adds its own state flag code in Government Code chapter 3100 for the Texas flag. This guide covers the association's own pole. Owners' rights to fly flags at their homes are a separate topic. Rules vary by state and by your governing documents, and this guide is general education, not legal advice.

Light it or take it down at night

Section 6(a) of the Flag Code says the custom is to fly the flag only from sunrise to sunset, and that it may fly 24 hours a day when it is properly lit during darkness. Texas Government Code section 3100.052 says the same of the Texas flag. Section 6(c) says the flag should not fly in bad weather unless it is an all-weather flag, and Texas section 3100.052(c) asks for a weatherproof flag. Nobody is going to drive to the entrance at sunrise and sunset every day, so buy all-weather nylon or polyester flags and light the pole. A fixture at the base aimed up the pole, on a photocell or an astronomical timer, does the job. Check that the beam reaches the flag at full height, not just the bottom third of the pole. Aim it so it does not shine into a bedroom window or a driver's eyes on the way in. If neighbors complain about the light, our guide on handling a complaint about glare from an HOA streetlight walks through shields and aiming. Put the bulb or LED fixture on the landscape or electrical vendor's checklist, because a burned-out light can go unnoticed for months when nobody drives past the entrance after dark looking for it.

Half-staff orders: who issues them and how to hear about them

Under 4 U.S.C. 7(m), the President orders half-staff for the death of principal federal officials and governors, and the statute sets durations: 30 days for a President or former President, 10 days for a sitting Vice President, Chief Justice or Speaker of the House, and from death until burial for others such as an Associate Justice or a governor. Memorial Day is half-staff until noon. The same section lets a governor order half-staff for the death of a current or former state official, a service member from the state who dies on active duty, or a first responder who dies in the line of duty. Texas section 3100.065(e) gives the governor the same power over the Texas flag. Florida's governor posts each flag memorandum on the Executive Office of the Governor's flag information page, which links a flag alert subscription form. Colorado's governor keeps a flag status page that shows whether the U.S. and Colorado flags are at full or half-staff, and its policy lists Memorial Day until noon, September 11 and December 7 as standing half-staff days. These orders are aimed at public buildings, and a private association follows them by choice. Make that choice once, in the flag policy, instead of debating each order. Assign one director or a volunteer to sign up for the governor's alerts and to lower the flag within a day of an order. To fly at half-staff, raise the flag to the top for an instant, then lower it to half-staff. Raise it to the top again before taking it down. Both 4 U.S.C. 7(m) and Texas section 3100.065 describe that sequence.

Flying the state flag or an HOA flag with the U.S. flag

Many entrances fly two flags on one halyard. Section 7(f) of the Flag Code puts the U.S. flag at the peak when state, city or society flags share its halyard, and section 7 also says no such flag goes above it. Texas section 3100.055(a) says that when the Texas flag and the U.S. flag must share a pole, the U.S. flag goes on top. If the community has two poles, Texas section 3100.055(b) asks for poles of the same height, flags of about the same size, the U.S. flag on the observer's left, and the U.S. flag raised first and lowered last. Texas section 3100.053 puts the white stripe of the Texas flag at the top. An association flag with the community logo goes below the state flag, which section 3100.054 covers for Texas.

Replacing and retiring worn flags

Outdoor flags wear from the fly end, the edge farthest from the pole, first. A frayed or faded flag is the signal. Section 8(k) of the Flag Code says a flag in a condition that is no longer fit for display should be destroyed in a dignified way, preferably by burning. Texas section 3100.151 says the same for the Texas flag, encourages a public retirement ceremony led by uniformed military personnel or a patriotic society, and allows a private one. Ask a local veterans post or Scout troop whether it holds retirement ceremonies and accepts flags, and drop the old ones off there. Do not put a worn flag in the clubhouse trash, and do not let it sit folded in a closet for two years. Keep one spare flag of each kind in the clubhouse so a torn flag can come down the same week. Buy flags sized to the pole and to the pole's wind rating, and if the board wants a bigger flag than the current one, ask the pole's manufacturer or installer whether the pole is rated for it. A flag that is too large for its pole loads the pole and the base in a storm.

Inspecting the pole and hardware

A twice-a-year walk-around catches most problems before they get expensive. Look at the halyard, the rope that raises the flag, for fraying and sun rot, and replace it before it parts with the flag at the top. Check the snap hooks or clips. Metal snaps that slap the pole all night keep the nearest neighbors awake. Rubber-covered snaps or a halyard pulled tight and tied off usually end the noise. Check the cleat at the base and the lock on the cleat box or access door, if the pole has one, since a locked halyard stops pranksters from stealing the flag. Look up at the truck, the cap with the pulley at the top, and the finial. If the flag does not run smoothly, the pulley may be seized. At the base, look for a lean, rust at the ground line, cracked concrete and standing water around the sleeve. Do not let a director climb the pole or reach the top from a ladder. Replacing a halyard on a pole taller than a ladder can safely reach, or freeing a stuck pulley, is a job for a flagpole contractor with a lift. Ask the contractor for a written condition report and keep it in the maintenance file with the purchase date and the pole's model.

A short flag policy and notice the board can adopt

One paragraph in the board minutes saves arguments later. A policy to adapt: "The association flies the U.S. flag at the main entrance, lit at night, following the federal Flag Code, 4 U.S.C. 5 to 10. The [title] is the flag steward and will lower the flag to half-staff within one day of a presidential or governor's order and return it to full staff when the order ends. The flag steward will inspect the flags monthly, replace any flag that is torn, frayed or faded, and deliver retired flags to an organization that conducts flag retirement ceremonies. The board will budget for two replacement flags per year and a contractor inspection of the pole every [12/24] months." A motion: "Move to adopt the entrance flag policy as presented and appoint [name] as flag steward." A notice paragraph for owners when the flag goes down: "The flag at the main entrance is at half-staff through [date] following the governor's order honoring [name or event]. It will return to full staff at sunset on [date]." Post the notice on the community website or bulletin board, and put the name of the flag steward on it so owners know whom to call about a dark light or a torn flag.

Mistakes boards make

A frequent one is the dark flag: a burned-out light nobody owns, leaving the flag flying unlit for months. Next is the stuck half-staff, where a director lowers the flag for an order and nobody raises it again for weeks. A written end date on the board calendar fixes that. Others: buying cheap printed flags that shred in one windy season, flying the HOA logo flag above the state flag, letting a frayed flag fly until Memorial Day and tossing old flags in the dumpster. Boards also forget the pole when the entrance gets a new look. If the monument sign or landscaping is being redone, our guide on replacing an HOA entrance monument sign covers the project, and that is the time to add a light, replace the halyard and fix a leaning base while the contractor is already on site.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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