Dispute leaves Old Glory's fate up in air

DRAPER — Kevin Capito sees the American flag whenever he enters or exits the front door of his home.

With four years of service in the Air Force under his belt and several friends serving overseas in the U.S. military, he likes it that way.

"I'm passionate about it," said Capito, who about two weeks ago began flying the flag over the doorway of his home on Pepi Band Lane in the Village Townhomes complex.

Since then, Capito said, he has received several letters and phone calls from the property-management company representing the homeowners association, asking him to take down the flag because the external mounting violates the HOA's covenants, conditions and restrictions.

"Basically, they said they would put a lien on my house if it wasn't taken down," Capito said. "Personally, I don't feel it's unreasonable to want to fly the flag."

An employee of Community Management, which manages Village Townhomes, said communications with Capito about removing the flag have nothing to do with the flag itself. The issue, he said, is the mounting that was placed on the townhome without permission of the HOA board.

"When you live in a homeowners association, any exterior improvements have to be approved," the employee said, refusing to give his name because he didn't want it attached to a dispute he says is "being blown out of proportion."

The employee said Capito never submitted an architectural improvement for the flag holder placed on the exterior of the building.

"He doesn't own the exterior of the building," the employee said. "The HOA has to repair it and has to maintain it. They really don't want people bolting things on the exterior of the building."

But Capito said he believes those restrictions go against the Freedom to Display the American Flag Act of 2005, which was passed by Congress and was signed into law by President Bush on July 24, 2006.

The law prohibits condominium or residential real-estate management associations from adopting or enforcing any policy "that would restrict a member of the association from displaying the flag of the United States on residential property."

Rep. Roscoe Bartlett, R-Maryland, sponsored the legislation after learning that some HOAs and condo associations prevent Americans from flying the flag. The law prohibits restrictions on proper displays or uses of the flag, which includes mounting it on a 45-degree angle from a window sill, balcony or front of a building.