Corey Auerbach, Land Use & Zoning Practice Area co-chair, and Ari Goldberg, associate, recently had their "Stars and Barred: Community Associations May Preclude Flying the Confederate Flag" article published in the Community Association of WNY’s Community Association Connection.
In some ways, living in a community association is a microcosm of the principles of the United States: total freedom is limited in exchange for reasonable restrictions that benefit everyone. In the United States, laws and regulations can limit the ability to do whatever one wishes, and these laws are intended to protect the greater good. In a community association, including a condominium or homeowners’ association, (collectively “associations”), governing documents and rules impose limits on unit owners’ rights in exchange for the benefits of common ownership, like maintenance of common facilities and preservation of aesthetic quality. Given the similarities, issues that impact the entire United States also impact associations.
The Confederate flag, which went through several iterations during the US Civil War (1861-1865), has reasserted itself in the United States’ current discussions on freedoms sparked by the social justice movements and increasing divisiveness. For example, NASCAR banned the flag from being displayed at it races in early June. After intense debate, Mississippi voted to remove the Confederate flag from its state flag at the end of June. US military installations around the world won’t be allowed to display the Confederate flag after the Department of Defense issued a new policy in mid-July. The Confederate flag debate is merely one debate in a larger national reckoning with racial, inequities and racist ideology in the United States.
Read the full article here.