FL Statute 720.304.1-3

Started by JamesB26 • 7 replies • 2604 views

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JamesB26 (Florida)
Posts: 2

Posted:

FL Statue 720 Section 304 prohibits HOA rules against a homeowner installing a 20' flagpole for purpose of flying US Flag. My HOA has denied my request to install 20' flagpole in the back yard. I'm astounded.

I have appealed and provided copy of statute Section to Board. I've been told to be prepared for a "slick" lawyer to come up with a reason that they can overrule the statute. Governor Crist was influential in passage of this statute in 2008 and in 2006 US House and Senate overwhelmingly passed and President George W Bush signed HR 42 "Freedom to Display the American Flag Act of 2005".

The hearing date with HOA Board has not been set yet. Is anyone aware of a "gotcha" rule / law in FL that I should be on the lookout for?

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DouglasK1 (Florida)
Posts: 2,046

Posted:

Just because you are right, that doesn't mean your HOA will go down without a fight. According to the doc you supplied, you have to sue to force the HOA to allow the flag, which could be expensive. If you erect the pole without suing first, the HOA might fine or sue you, which again could be expensive.

These cases seem to hit the news on a fairly regular basis, have you tried contacting any local TV stations and see if they will shame the association for you? That seems to work fairly reliably, and is a lot cheaper and faster than the courts.

Escaped former treasurer and director of a self managed association.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Here is my opinion on this flag pole issue... Does owning a flag pole and flag make you more "American" than the rest of your HOA? So if I do not choose to fly a flag I must be communist or not proud of my country? Why is it important for just you to fly it?

If you want to fly the flag, then do it for the WHOLE community. Request one flag be put up at the entrance area for EVERYONE to enjoy. Plus make sure there is a light on it at all times or someone to take it down by sundown. The flag must stay in good shape. It is to be lowered only by President order for half-staff times.

There are proper ways to respectfully fly the flag. Are you willing to follow those rules? Just because your flying one doesn't mean your doing it right or respectfully. Read up on the protocol. Just displaying one isn't enough. There is a right and wrong way. What if your doing it wrong and the HOA writes you up for it? You going to complain the HOA is tramping on your rights to fly a flag or is they don't want to see the flag flown unrespectfully?

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

Is it on your lot? Will it obstruct sightlines at any intersections? Will it be erected on any easements? If the answer to those is "yes", "no" and "no" then FS 720.304(2)(b) has you covered.

"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..."

There is a list of flags you may fly in that same section (e.g. you can't fly the flag of Poland or a Grateful Dead banner, for instance). If the HOA goes against you they will lose (I'm not a lawyer, but this is a slam dunk imo).

I would ignore people who try to question your motives. Keep it unemotional and stay on point.

JamesB26 (Florida)
Posts: 2

Posted:

Thanks all for your feedback. I wouldn't fly the US Flag without understanding and abiding by the proper way to do so and the limitations of the FL statute.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JamesB26 on 06/02/2015 10:49 AM
FL Statue 720 Section 304 prohibits HOA rules against a homeowner installing a 20' flagpole for purpose of flying US Flag. My HOA has denied my request to install 20' flagpole in the back yard.

I do not understand why you asked the HOA for permission when the law says they have no right to deny it. What did you expect them to do? Put up your flagpole in compliance with the statute and let the HOA piss and moan about it.

AllisonD (Florida)
Posts: 449

Posted:

Quote:

Posted By LarryB13 on 06/02/2015 1:28 PM

Larry this is a good point, however; residents normally request permission to make alterations even when they know its ok with the rules. That being said, if it were me, I would put the dang flagpole up and let them do what they want. Calling the local tv station is a great idea, if they decide to be difficult. I cannot imagine why they would want to challenge this rule!!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JamesB26 on 06/02/2015 10:49 AM
The hearing date with HOA Board has not been set yet. Is anyone aware of a "gotcha" rule / law in FL that I should be on the lookout for?

Per 720.304 [emphasis added]:

"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."

What do your governing documents say, if anything, about location of flagpoles or setback requirements for structures (as it appears that the flagpole must be in compliance with them).

Hence, if the governing documents (which includes resolutions) specify that flagpoles can not be in the back yard, then the Association would still have the authority to deny such a request and still be in compliance with the statute as written.

Quote:

Posted By LarryB13 on 06/02/2015 1:28 PM

I do not understand why you asked the HOA for permission when the law says they have no right to deny it.

Likely because the governing documents require prior approval for any exterior changes. If he failed to ask, then he would have been in violation of that covenant. Just as the Association must (apparently per statute) approve any such request, the request must still be made.

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