Homeowners Can Display Flags. With the 4th of July holiday rapidly approaching I recently learned that a family member’s HOA prohibits the display of the American Flag. This is a violation of Florida Statute s.720.304(2)(a) which permits the display of 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 4 1/2 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. Additionally, subsection (b) permits a homeowner to 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 sight lines at intersections and is not erected within or upon an easement. 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. This statute applies only to homeowner associations, not condominium associations, so homeowners display your flags and show your support for the U.S.A.! Contact Ferrer Law Group if your HOA is preventing you from displaying these permitted flags.
