Flag flap: Residents, homeowners association argue over how Old Glory is displayed

Judy Odierna

Friday, May 9, 2003 | 11:15 a.m.

Jack Irvin's patriotism has him at odds with his homeowners association in the Lynbrook community of Las Vegas.

He says the association and RMI management are not allowing him to fly his American flag outside his northwest home because he chooses to fly it on a flagpole -- something he says doesn't violate any rules of the association nor state or city law.

"I really think there's someone at RMI who just doesn't like the American flag," Irvin said. "Or they don't like America or something."

But Ron Fellion, president of the Lynbrook Homeowners Association, said it's not the flag the association board has a problem with, it's the pole.

"He can still have a flag, but he has to have it attached to a pole on the house like everyone else," Fellion said. "We encourage people to fly the flag. We would never deny it. We just want to control how it is done."

The dispute comes months after the Las Vegas City Council passed an ordinance blocking homeowners associations from banning flag display and as the state Legislature considers a bill that would do the same.

Fellion said it's up to the association's Architectural Review Board to determine what's acceptable, but acknowledges that the community's CC&Rs, which govern outside changes residents can make, do not address flags.

The board rule, Fellion said, "is there to have consistency throughout the development. If 67 percent of homeowners agree then they can change the CC&R or architectural guidelines."

The city ordinance allows associations to establish reasonable restrictions on flag display, such as how high they can fly, how many can be flown and where.

But Mayor Oscar Goodman, who sponsored the ordinance after the Sept. 11, 2001, terrorist attacks, said the intent was to let the flag fly freely.

"Any expression, no matter how big, for patriotism should be permitted," Goodman said Thursday, adding that neighbors need to respect each other but that prohibiting the display of the flag was "un-American."

Irvin said his flag is on a 12-foot collapsible aluminum flagpole in a base that is hidden in a concrete slab covered with the red rocks that are standard in the community. Irvin says his flag also follows rules in a community newsletter: It's no larger than 3 by 5 feet, no higher than the home's eaves, not attached directly to the home or garage without a pole and not attached to a gas lamp.

He said after he was told he couldn't fly his flag, he received a letter from RMI stating it was a misunderstanding and they thought his flag was attached to a light pole. He then said he received a second letter that added in handwriting to the original letter that the pole was the issue.

It read: "The flag will be attached to a pole which would be attached to the home. Not a pole in the front yard."

"What bothers me is that they are making up rules as they go along," Irvin said.

Irvin said he tried to attach his flag to the house, but because of the way the homes are built, it won't work.

"The way the houses are designed you can't connect the pole to the house," Irvin said. "I tried it and my neighbor did it and the first strong wind tore a hole out of the house. I explained that to them and they all they said was the pole was prohibited."

Fellion said that's not the case and at least 17 others in the community of 1,195 homes near Decatur Boulevard and Farm Road have been able to fly their flag the correct way with no problems.

"You can drive around the community and see some that are connected just underneath the eave," he said.

But resident Larry Gregg, who also uses a flagpole to fly Old Glory, said the houses that have flags hung that way are older homes with a wood frame. His house and Irvin's home are stucco and anything mounted won't stay on, he said.

"I never leave my pole up all the time," Gregg said. "They are portable and they mount into the ground. I take it down at dusk and store everything and in the morning I put it back out. I don't fly it above my roof and none of my neighbors have a problem with it."