As you may know, Congress has adopted a resolution encouraging residents of the United States to fly the American flag in remembrance of those affected by the September 11, 2001 attacks and in a show of national resolve and pride.  Many of the residents of your community may be following this resolution.  However, many governing documents prohibit flags and, therefore, residents in those communities are in violation of the governing documents.  Because of the recent events, many boards are reluctant to enforce restrictions against flying flags, but are also concerned about directors’ fiduciary duty to enforce the restrictions.  We are of the opinion that in these very limited circumstances, the board may choose to not enforce restrictions against American flags for a specified period in light of the terrorist attacks.  In order to avoid future enforcement problems, however, we recommend that the board adopt a resolution explaining the reason for not enforcing prohibitions against American flags for a certain period of time.  A resolution that you may use for this purpose follows.
 

RESOLUTION OF

_________________________ HOMEOWNERS ASSOCIATION, INC.
 
SUBJECT: Promotion of Patriotic Expression
 
PURPOSE: To provide notice of the Association’s decision to follow Congress’ resolution to encourage every community in the United States to display the American flag.
 
 
EFFECTIVE DATE:__________________________________________
 
NOTICE:                  
 
Whereas, on September 11, 2001, terrorists hijacked and destroyed four commercial aircraft, crashing two of them into the World Trade Center in New York City, and crashing another aircraft into the Pentagon outside Washington, D.C.; and
 
Whereas thousands of innocent people were killed and injured as a result of those attacks, including the passengers and crews of the four aircrafts, workers and visitors in the World Trade Center and the Pentagon, rescue workers, and bystanders; and
 
Whereas, the Congress of the United States has passed a Resolution encouraging every community in the Nation to display the flag of the United States to remember those individuals who have ben lost, and to show the solidarity, resolve and strength of the Nation;
 
No, therefore, the Board of Directors hereby resolves that:
 

1. For a period of ______ days from the effective date of this Resolution, no restriction contained in the governing documents prohibiting the display of the American flag shall be enforced against any resident to the extent that residents may display one portable, removable American flag of reasonable size and shape in the window or affixed on or near the front door of the unit or on the limited common elements appurtenant to the unit, or in such other location in the immediate vicinity of the unit as determined by the Board, provided that no owner may erect a pole, install any permanent attachment to the outside of the unit or otherwise penetrate the exterior walls (if the Association is responsible for exterior maintenance) without the prior approval of the Board.
 
2. During the _____ day period, the Board reserves the right to impose reasonable restrictions based upon legitimate public safety and property damage concerns.
 
3. The Board reserves the right to extend the period of the moratorium or to propose an amendment to permanently allow the display of the American flag by a vote of the owners.
 
4. If the moratorium is not extended, this Resolution shall expire ____ days from the effective date and the governing documents shall thereafter control and prevail.
 
5. This Resolution is not intended to and will not permanently waive or abandon any provisions of the governing documents regarding the display of flags or any other covenants.
 
 
PRESIDENT’S
AND
SECRETARY’S
CERTIFICATION:
The undersigned, respectively being the President and Secretary of ______________________Homeowners Association, Inc. a Colorado nonprofit corporation, certify that the foregoing Resolution was approved and adopted by the Board of Directors of the Association, at a duly called and held meeting of the Board of Directors of the Association on _________________________________, and in witness thereof, the undersigned have subscribed their names.
 
________________________ HOMEOWNERS ASSOCIATION, INC.
a Colorado nonprofit corporation,
 
 
 
By: __________________________
President
 
ATTEST:
 
 
By:                                                            ________________________________
Secretary