Last year Pat purchased a residence in a homeowners association (HOA), which had recorded Covenants, Conditions, and Restrictions (CC &Rs) several years ago when the property was first developed. One of the conditions in the CC&Rs states that "any flag, sign, insignia, or symbol displayed on an owner's property shall not exceed four (4) square feet."

In the week of July 4, Pat displays a large American flag on her front yard, which measures 4' X 5', or twenty (20) square feet, five times the size permitted under the homeowners association. The president of the HOA informs Pat that she will have to remove the flag, or be fined $ 100 per day by the homeowners association. Pat replies: "I never even read the CC&Rs and if you interfere with my right of free speech I will sue the association for $1 Million."

Answer the following questions or issues in your answer to this discussion question:

1. Does it matter that Pat has not read the CC&Rs, and if not, why not?

2. Does it make a difference that Pat is displaying the American flag rather than, for example, a For Sale sign of the same size?

3. Is there a New Mexico statute that controls in this particular case involving the enforcement of CC&Rs?

4. Is there a federal law that controls in this particular case involving the display of the Stars and Stripes?