Condo board wins right to remove resident's upside-down flag

The New York Post

 Share  print   Print

A Manhattan Supreme Court judge sided with a condo board represented by Bruce Cholst, upholding the board's right to remove a flagpole and upside-down American flag hung by a resident outside his condo window. Leaving politics aside, Mr. Cholst stressed the board's prudent interest in comments to Habitat.

"We asked him to remove it from the window and put it inside his apartment,” says the condo board’s attorney, Bruce Cholst, a shareholder at Anderson Kill. “This wasn’t about patriotism or political suppression. This was about safety. We were worried that the flag pole would breach the waterproofing membrane, and the flag was hanging over a courtyard used by pedestrians.”

What’s at stake here, as far as Cholst is concerned, is the importance of rules and a condo board’s power to enforce them. “Your home is not your castle,” he says. “When you buy into communal home ownership, you have to give up a degree of autonomy and follow the rules that are there for the good of the community.”

The dispute was also covered by The New York Post and the Associated Press.

Related People

- Cooperative and Condominium Law Attorney | Anderson Kill P.C.
New York

Related Practice Areas