Legal Question in Real Estate Law in Illinois

I am on the Board of a townhome association. Our rules limit the display of a flag to the USA flag. One owner is displaying a 'Don'tTread on Me' flag. Is this considered an American Flag or can they be in violation?


Asked on 11/14/11, 12:55 pm

1 Answer from Attorneys

There are various "Don't Tread on Me" flags that have historical American significance, and one in particular, the "Gadsden" flag, was a precursor to our current "Stars & Stripes". So assuming your rules specifically state "the USA flag" then that's it. The key word is "the", because the word "the" would lead to a reasonable interpretation that the rule means the current 50 stars 13 stripes flag. Displaying an historical flag that is not "the" USA flag, therefore would not be technically in compliance with the rule. This owner may be being clever, however, because if the rule states "an" American flag, then one or more versions of the "Don't Tread on Me" is "an" American flag -- historically. So have an attorney review the rule in its totality for proper construction. And then decide how important enforcing it is.

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Answered on 11/14/11, 8:51 pm


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