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Flags & Signs · Virginia

Va. Code 55.1-1820

Display of the flag of the United States; necessary supporting structures; affirmative defense

Official text ↗ Checked against the official source on 1 November 2026

At a glance

Flags protected
US flag display protected if following federal flag code
“no association shall prohibit any lot owner from displaying upon property to which the lot owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States”
Limits the HOA may set
Size, place, duration, and manner limits allowed
“The association may, however, establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag on such property”
Common areas
HOA may restrict flags in common areas
“The association may restrict the display of such flag in the common areas.”
Burden of proof
HOA must prove flag restrictions are necessary
“the association shall bear the burden of proof that the restrictions as to the size, place, duration, and manner”

Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.

Official text

Copy retrieved from law.lis.virginia.gov. Always rely on the official source for the current version.

Show the full text of Va. Code 55.1-1820
55.1-1820. Display of the flag of the United States; necessary supporting structures; affirmative defense. A. In accordance with the federal Freedom to Display the American Flag Act of 2005 (P.L. 109-243), no association shall prohibit any lot owner from displaying upon property to which the lot owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States whenever such display is in compliance with Chapter 1 of Title 4 of the United States Code (4 U.S.C. 1 et seq.), or any rule or custom pertaining to the proper display of the flag. The association may, however, establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag on such property, provided that such restrictions are necessary to protect a substantial interest of the association. B. The association may restrict the display of such flag in the common areas. C. In any action brought by the association under 55.1-1819 for violation of a flag restriction, the association shall bear the burden of proof that the restrictions as to the size, place, duration, and manner of placement or display of such flag are necessary to protect a substantial interest of the association. D. In any action brought by the association under 55.1-1819, the lot owner shall be entitled to assert as an affirmative defense that the required disclosure of any limitations pertaining to the display of flags or any flagpole or similar structure necessary to display such flags was not contained in the resale certificate as required by 55.1-2310. 2000, c. 891, 55-513.1; 2007, cc. 854, 910; 2008, cc. 851, 871; 2010, cc. 166, 453; 2019, c. 712; 2023, cc. 387, 388.

The same topic in other jurisdictions

Arizona · A.R.S. 33-1808 Arizona · A.R.S. 33-1261 Florida · Fla. Stat. 720.304 Florida · Fla. Stat. 718.113 Illinois · 765 Ill. Comp. Stat. 160/1-70 Illinois · 765 Ill. Comp. Stat. 605/18.6 Maryland · Md. Code, Real Prop. 11B-111.2 Texas · Tex. Prop. Code 202.012 Texas · Tex. Prop. Code 202.018 Washington · Wash. Rev. Code 64.38.033 Washington · Wash. Rev. Code 64.38.034 Washington · Wash. Rev. Code 64.90.510 Compare flags & signs laws side by side →

This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.

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