QUESTION: After celebrating our country’s independence on July 4, we purchased a regular size U.S. flag to be installed in the front of our house. Are there any guidelines or restrictions in our governing documents relative to the displaying of flags on our Springs property?
ANSWER: Yes: Our Consolidated CCR Article XI (Signs, Flags, and Flagpoles) reflect the amendment approved by the Springs HOA Board of Directors in 2013 to incorporate the specifics of the Texas Legislature-approved bill in 2013 addressing the display of flags and flagpoles on residential lots. The bill addressed both flagpoles attached to residences and free-standing flagpoles installed on lots. This Discussion item addresses attached flagpoles only; see CCR Article XI to access the information on free-standing flagpoles.
Article XI
Signs, Flags, and Flagpoles
. . .In accordance with the general guidelines set forth in this policy, an Owner is permitted to display the flag of the United States of America, the flag of the State of Texas, an official or replica flag of any branch of the United States Military (“Permitted Flag”) and permitted to install a flagpole no more than five feet (5’) in length affixed to the front of a residence near the principal entry or affixed to the rear of a residence (“Permitted Flagpole”). Only two (2) Permitted Flagpoles are allowed per residence. A Permitted Flag or Permitted Flagpole need not be approved in advance by the Architectural Review Committee (ARC). . .
Installation, Display and Approval Conditions. Unless otherwise approved in advance and in writing by the ARC, Permitted Flags and Permitted Flagpoles, installed in accordance with the Flagpole Application, must comply with the following:
-No more than two (2) Permitted Flagpoles are permitted per residential lot, on which only Permitted Flags may be displayed;
-Any Permitted Flagpole must be no longer than five feet (5’) in length;
-Any Permitted Flag display on any flagpole may not be more than three feet in height by five feet in width (3’x5’);
-A flag or a flagpole must be maintained in good condition and any deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired, replaced, or removed;
-Any flagpole must be constructed of permanent, long-lasting materials;
-Any flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towards or directly affect any neighboring property. . . .
Please note that a permitted flagpole can be physically affixed to the residence only, and not to a tree or other structure on the lot.
These periodic CCR discussion topics intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR’s) that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR’s is to maintain specific standards for the good of us all, as articulated in their definition:
“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.”
If you are a Springs resident who has misplaced your copy of the CCR’s, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
