US Flags

Richard,

Review Florida Statute 720.304 Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.—

With regard to flags & flagpoles:

(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.

(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.

(c) This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel.

There is a law. Also Florida allows one 2 1/2 X 4 feet
Watch TV HOA's are on TV banning flags all the time!
Unfortunately it okay to burn them but for us vets its
is a different story

I only know of the Florida law.

One should note that these laws allow the flying of flags on PRIVATE property. They do not require the HOA to roll over and let someone install a flagpole on community space/property, common property, etc..

So, they can fly one (within reasonable limits) on their own yard, on their own house, etc., but they may not be able to fly one from the clubhouse, common area, etc..

Read the law carefully.

I said PROHIBIT, not apply reasonable restrictions.

Someone wanting to install an inappropriately tall flagpole (subjective assessment of course) is hardly reason to prohibit them entirely, no?

Such rules reflect the inability of the association to actually make a judgement call. It screams, "We are incapable of seeing a middle ground and using cognitive reasoning skills, so we shall instead banish the matter outright, lest we hurt ourselves by thinking about it"

One townhouse association I was a member of had specific guidelines as to where on the townhouse a flag pole could be attached, how big the pole could be, and what size flag could be flown. Plus only the American flag could be flown.

I have recently seen a case where an association allowed for the flying of one American flag only. The fellow wanted to fly his Marine Corps Flag along with the American Flag. If memory serves me correctly, the HOA caved in on it. I would not have caved in on it.

The name of the federal law was mentioned.
Links weren't provided but they could be found via internet searches.

NOTE: It's not that the HOA rules are superseded by existing laws. It's that the HOA rules may not be in conflict with existing laws. If a conflict exists, then the law is what has to be complied with.

This is why many Assocaitions are now specifying the type and size of flagpoles and the maximum size of the flag, as flagpoles and size of the flag aren't mentioned in most laws. Therefore, there would be no conflict.

Here are the links:

Freedom to Display the American Flag Act of 2005 the federal law as mentioned by SheliaH earlier in this thread

FL 720.304 as provided and cited by LoriL1 (you will need to look up the statute for condos on your own).

Guidance for Complying with the Freedom to Display the American Flag Act of 2005 by the Community Associations Institute (CAI)

Hope this helps,

Tim

When the Amvets and VFW lodge marches, make sure to mention that the Vet in question:

Doesn't own the property upon which he wishes to alter/modify and hang his flag.
In fact, the vet has bought into a Socialist, nearly Communist system, in which he has subsumed his rights for the betterment of society and the group in general.

That should make for a fun interview.

the pole itself must be building code compliant

wind resistanr as per the local 'wind zone'

in my case: 130mph for 3 seconds

pole must be of length such that it may not fall onto a roadway if it shouild 'fall over'

etc etc etc

since very few people would comply, or be able to afford a "REAL" pole, many HOAs simply have a 'ban'