November 11, 2026 | Mark Luis Foster
Today, Americans celebrate Veterans Day, a day that honors the men and women who have served in our nation’s armed forces. I have a fair number of brothers and brothers-in-law who have covered every branch, not to mention my dad (Navy) and my grandfather (Army).
Often in HOA land, we get a lot of questions about flag display. On Veterans Day, July 4, Flag Day and other holidays, we get questions regarding homeowners who are displaying American flags, military service flags and other patriotic symbols to recognize veterans and their sacrifices.
For homeowner associations, Veterans Day also provides a timely reminder about an important question: Can an HOA restrict a homeowner from displaying the American flag or other flags honoring military service?
Minnesota law already provides significant protections, and legislation introduced in 2025 sought to expand those protections further.
What Does Minnesota Law Currently Protect?
Minnesota Statutes Section 500.215 establishes specific rights for residential property owners and tenants to display two flags:
- The flag of the United States.
- The official flag of the State of Minnesota.
Under this law, restrictions contained in HOA declarations, bylaws, rules, covenants and other governing documents that prohibit these protected displays are generally void and unenforceable. Importantly, these protections apply to common-interest communities regardless of whether they are otherwise governed by Minnesota’s Common Interest Ownership Act (MCIOA).
The law has been in place since 2005, meaning associations cannot rely on older governing documents to prohibit displays protected by the statute. Federal law also protects homeowners’ rights to display the American flag under the Freedom to Display the American Flag Act of 2005, enacted in 2006.
Can HOA Boards Still Establish Flag Rules?
Yes. Neither Minnesota nor federal law eliminates every association restriction involving flags. Minnesota law permits certain reasonable limitations, including those addressing:
- Safety: Restrictions narrowly tailored to protect health and safety.
- Flag size: Limiting flags to sizes customarily displayed on residential property.
- Location: Restricting displays to property over which the homeowner has exclusive use.
- Installation: Preventing permanent attachments to property maintained by others or installations causing more than inconsequential damage.
- Condition and lighting: Requiring flags to be properly displayed and maintained, with permissible restrictions on illumination.
For example, a townhome association may have legitimate concerns about a homeowner drilling into association-maintained siding to install a large flagpole. However, those concerns do not give the board unlimited authority to prohibit the display of protected flags.
The distinction is important: An HOA may regulate certain aspects of a protected flag’s installation without prohibiting the homeowner’s right to display it.
What About Military Service and POW/MIA Flags?
This is where Minnesota law may eventually change. During the 2025–2026 legislative session, lawmakers introduced SF 2061 and its companion, HF 2185. The legislation proposed expanding Minnesota’s existing flag-display protections to include:
- The National League of Families POW/MIA flag.
- Flags representing branches of the United States Armed Forces.
- Blue Star Service flags.
- Gold Star Service flags.
These flags hold special meaning for military families, veterans and individuals remembering service members who are missing or have died in military service. The proposed legislation would extend Minnesota’s explicit statutory protection to these additional displays.
However, as of Veterans Day 2026, these bills have not been enacted into law.
SF 2061 received a favorable committee report and a second reading in April 2026, but did not complete the legislative process. That means HOA boards should not assume Minnesota’s current Section 500.215 expressly protects every military-related flag in the same way it protects the American and Minnesota flags.
Other applicable laws and governing-document provisions may still affect an association’s authority to restrict a particular display.
What Should Minnesota HOA Boards Do?
Veterans Day provides an excellent opportunity for associations to review their flag policies.
Boards should consider four practical steps:
- Review governing documents. Identify restrictions involving flags, flagpoles and exterior decorations.
- Recognize existing protections. Ensure association rules comply with Minnesota and federal requirements for American flag displays.
- Evaluate installation concerns. Address legitimate safety, maintenance and property-damage issues without imposing unnecessary prohibitions.
- Respect military service. Consider whether association policies appropriately accommodate flags honoring veterans and military families, even where a specific display is not expressly protected by current Minnesota law.
Boards should also recognize that Minnesota law permits prevailing parties in certain flag-display enforcement disputes to recover reasonable attorney fees and expenses.
Honoring Veterans and Protecting Homeowner Rights
HOA board members have a responsibility to maintain community standards and protect common property. But those responsibilities should be balanced with homeowners’ rights and the traditions that bring communities together.
Veterans Day is an opportunity to recognize military service, appreciate the freedoms Americans enjoy and encourage respectful displays of patriotism. Minnesota HOA boards can honor those principles while maintaining reasonable, legally compliant community standards.
The HOA Leadership Network extends its appreciation to all veterans and their families for their service and sacrifice. We salute you!
Happy Veterans Day!
