Can you as an owner to hang flags on your balcony or on building façade?

Flags are justified by their significance. What can they identify? a territory, a sexual option or gender identity, an ideology, an ethnic group, the support to a sports team, simpathy with non-governmental organizations or transnational entities.

In many societies, emblems do not hang from balconies for two reasons: 1. Political ideas are considered as something private and 2.Flags are already very visible in public space. However, many citizens in Barcelona believe that it is necessary to make public which territorial identity which they 'feel' as their own.

Today we will deal with the conditions for hanging flags or political symbols on the windows or in the building façade. The first thing to say on the subject is that Freedom of Speech protects the right to hang flags. This right, however, is not absolute: 'it cannot damage persons privacy and dignity, nor exalt terrorism nor violate constitutionally recognized rights' (arts. 18 and 20 EC). 

Article 541-1 of the Catalan Civil Code establishes that: 'legally acquired property grants its owners the right to fully use the goods that constitute the object, in addition to enjoying and disposing of them'. However, things are different when the building is horizontally divided : then it is the community's regulations that prevail it can restrict the action of hanging signs. Therefore, one has to be aware to it.

Another limit to this Right is that the buildings facades  have to be uniform. Let me give you an example of what this criteria means: awnings of different colours cannot coexist in the same building. The above condition can only be broken if it is a shob. In this case the courts understand that these have to stand out to sell. It should be added that according with to this uniformity a landlord can prohibit a tenant in the lease the display of political symbols.

In Feliu we manage the matter by an owners' community meeting in which the owners must decide and vote if they approve or, on the contrary, they prefer not to let hang emblems and symbols of the facade of their building. In short, we are talking about a potentially controversial issue where the Community, helped by the Real Estate agent, has to reach a consensus based on respect and tolerance.

Bare in mind that we are talking about a potentially controversial question where the Community, assisted by the Real Estate Agent, has to reach a consensus. It is necessary to seek the agreement they are two contradictory rights: Freedom of Speech and uniformity of façades. Therefore, only a commitment will end with the controversy. It is necessary to vote at the  Owners' Community  approve -by a simple majority- for restablish the façade's original aspect the maximum term is 4 years.

 It must be concluded that the symbols can be hung or adhered following four conditions:

a) That there is no community norm against this action, b) Not to attach to the facade flags with: sticks, hooks or ropes c) Not to hang to big the flags. With regard to this condition we have to remember a liberal principle: 'your freedom ends where the freedom of others begins'. d)  Signs can't be against Constitutional Right described in the third paragraph.

We wish to have clarified the flags topic in order to seek the harmony in your owners' community.