HOA’s Flag Rule Causes Problems In A North Carolina Community

An HOA’s flag rule has residents asking for a change. But it remains to be seen whether their efforts will pay off.

Police Officer Asked to Take Down Flag

The Millbridge community in Waxhaw recently caused a ruckus after asking a resident to take down his American flag with a thin blue line. According to the HOA, the flag does not adhere to the regulations of the association. The HOA only permits certain kinds of flags.

Chris Castrogiovanni has flown his American flag with a thin blue line for years now. Only this month, his HOA told him to remove it as part of the HOA’s flag rule.

Castrogiovanni is a law enforcement officer who responded to 9/11. Flying the flag that honors law enforcement is something that is very important to him. To him, it is a way to commemorate those who gave their lives on duty.

“I went to 26 funerals after 9/11,” Castrogiovanni told local news. “I went to every NYPD one and three fire department ones. It’s important that you remember the dead.”

The HOA’s rule forced Castrogiovanni and several other neighbors to remove their flags. The association only currently allows the display of official country flags, North Carolina, and military branches. Though, that has not stopped the residents — many of whom are retired police officers and first responders — from advocating for change.

“Somewhere along the line, you should’ve included the blue line, the first responders,” Castrogiovanni said.

HOA’s Flag Rule Only Recently Enacted

Only a few years ago, the association introduced its new flag rule. But, homeowners said they never approved of the change to the governing documents. Therefore, they believe the rule is unenforceable.

“You’re supposed to get the vote of the entire subdivision,” Castrogiovanni said.

According to the HOA’s management company, the developer enacted the rule prior to transitioning the HOA to the homeowners. It is not unusual for developers to do this while they still maintain control over the community.

“A lot of these CCRs give the developer the authority to unilaterally amend the declaration while it’s in control of the HOA without a vote of the owners,” Attorney Mike Hunter explained.

Still, Castrogiovanni is not giving up on this fight. And he hopes his neighbors will support him once he pushes for a vote to amend the rules.

He will meet with the HOA board next month.