Civil Code Property, Pets & Rentals
United States Flag Display
Chapter 5 · Property Use and Maintenance · Protected Uses
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4705
(a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by a member on or in the member’s separate interest or within the member’s exclusive use common area.
(b) For purposes of this section, “display of the flag of the United States” means a flag of the
United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.
(c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorney’s fees and costs.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Brown v. Montage at Mission Hills, Inc. 68 Cal. App. 5th 124 · 2021 A short-term rental ban cannot bind owners who predate it.
mentioned in passing
- Artus v. Gramercy Towers Condo. Ass'n 19 Cal. App. 5th 923 · 2018 Winning a preliminary injunction doesn’t make you the prevailing party for fees.
mentioned in passing
- Retzloff v. Moulton Parkway Residents' Ass'n 14 Cal. App. 5th 742 · 2017 A prevailing association recovers costs, not attorney fees, in records suits.
mentioned in passing