Can the community of neighbors prohibit me from hanging a flag on the balcony?

BarcelonaFelipe, who lives in a block on Barcelona's Gran Vía Carlos III, was unable to hang the flag in his window for the Diada. His neighborhood association forbids it. "They say it makes it ugly to have flags hanging," he laments. His case is not unique: according to industry sources consulted by ARA, it is common for homeowners' associations to approve regulations on what can and cannot be hung on windows and balconies. It was much more common during the Process, but the debate resurfaces frequently on special days, such as the Diada or Hispanidad, and for demands like LGBTI Pride. It also occurs in times of political and social turmoil, such as protests for Palestine or housing. Now, is it possible for a community to veto a neighbor from hanging a political symbol on their balcony?

The answer is yes, but with nuances. The vice president of the Barcelona-Lleida Association of Property Administrators, Montse Bassas, emphasizes that the ban can be based on the fact that hanging a flag or sign affects a communal element of the building: the façade. The community has several ways to do this depending on how strict they want the ban to be. It can be established through an agreement of the owners' association, by simple majority, although it only binds the residents who currently live in the building. Similarly, an agreement of the owners' association can explicitly endorse the placement of a political element on the building. This was the case when, for many years, a giant yellow ribbon in defense of political prisoners was displayed on one of the buildings in Plaza Urquinaona, despite the lack of unanimity in the affected block.

But if the ban is to be permanent and also apply to future residents, it is necessary to modify the community bylaws, the rule that regulates the use of common areas. And here things get complicated: a four-fifths majority of the owners and the shareholders must be present, according to the Catalan Civil Code. Afterward, it must be taken to a notary and registered in the Property Registry, where it passes a first filter of legality. Bassas explains that, at this time, the flag ban is an accepted clause. The courts would have the final say, but such minor conflicts do not usually reach the courts, and therefore, there is no jurisprudence on whether freedom of expression should prevail in cases like these. They often end up being resolved by talking among neighbors or by sending a circular reminding them of the applicable regulations, according to the Association of Administrators. The measure can also be established in the internal regulations, which include the rules on coexistence in the community.

All or nothing

However, there is some leeway that homeowners willing to fight to be able to hang symbols in a visible location on their home from the street could exploit. Marta Legarreta, vice president of the civil law section of the Barcelona Bar Association, points out that it is more difficult for the community to veto it if the flag is placed in a common area but for private use; for example, the inside of the balcony. To prohibit it, in this case, the building's bylaws would have to be modified at all costs; without this change, the community cannot simply require the neighbor to remove the flag, arguing that it is interfering with the façade.

Furthermore, the ban must be all or nothing. Legarreta, a specialist in horizontal property, warns that it is unacceptable to veto some political symbols but accept others, based on ideology. He also emphasizes that displaying a flag on a balcony on specific occasions, such as on National Day or celebrating a football team's victory, does not create any "coexistence" issues that would justify community intervention.

And what about rental contracts?

But what happens when it's not the community that wants to restrict the display of symbols, but the owner who rents the apartment? Carles Sala, spokesperson for the Real Estate Agents (API) of Catalonia, maintains that it can be included in the rental contract and is an acceptable clause, falling within what the owner and tenant can freely agree upon. It isn't included in the API models, but industry sources confirm that it is a clause present in some contracts. "Perhaps it was more prevalent at another time," Sala acknowledges, referring to the lawsuit. Legarreta has more doubts and points out, in any case, that the rental contract cannot, under any circumstances, prohibit the tenant from hanging symbols in the private area, on the inside of the balcony, for example, because the clause would be void.