Houston, TX asked in Real Estate Law and Civil Rights for Texas

Q: Condo which applies to Ch. 81 & 13 retroactive provisions of Ch. 82. Regarding displaying religious symbols.

More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I reside in Houston, and don’t recall if it’s an ordinance I read.

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2 Lawyer Answers

A: An Israeli flag is not a religious symbol.

James L. Arrasmith
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Answered

A: In Houston, Texas, condominium associations are generally governed by the Texas Property Code, specifically Chapter 82, known as the Texas Uniform Condominium Act, and by Chapter 81 for older condos. Both chapters address how condos should operate, but neither directly prevents you from displaying religious symbols or flags on private property such as a front door. However, it's possible that your condo association's bylaws, declarations, or rules have specific guidelines about what can be displayed on doors or garages.

Texas does have specific laws that protect homeowners’ rights to display certain items, including flags, under Section 202.011 of the Texas Property Code. This law generally applies to homeowners’ associations (HOAs) and allows the display of the U.S. flag, the Texas flag, and an official flag of any branch of the U.S. military. While this section doesn’t specifically mention religious symbols or national flags like the Israeli flag, religious freedom and personal expression are constitutionally protected, so restrictions must be reasonable.

It’s a good idea to check both your condo association’s governing documents and consult relevant parts of the Texas Property Code. This can help determine if there are any specific restrictions or protections regarding the display of the Israeli flag. If the condo association’s rules seem to conflict with your rights, you may want to bring this up with the board or seek legal clarification.

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