2008 LEGISLATIVE UPDATE - PART 4 - HOMEOWNERS ASSOCIATIONS AND FLAGS

            In Part 1 of this series, we discussed the new form which must be signed by persons who wish to be candidates for condominium board positions.   In Part 2 we discussed the new insurance laws which apply to condominiums.  In Part 3 we discussed the new laws regarding condominiums and the use of solar energy.  In this part we discuss the new flag laws which impact homeowners associations.

 DISPLAY OF FLAGS

SECTION 720.304(2)

             In 2008, the Florida Legislature again addressed flags.   They did this by amending existing Section 720.304(2) to provide as follows:

 Flags Not Flown From Freestanding Flagpoles:

             Existing Section 720.304(2) was renumbered to Section 720.304(2)(a) and was amended to only regulate flags which are not flown from freestanding flagpoles.  This law now permits any homeowner to display the following flags:

             1.         One portable, removable, United States flag or one official State of Florida flag, in a respectful manner; and

             2.         One portable, removable official flag representing the United States Army, Navy, Air Force, Marines or Coast Guard or a POW-MIA flag, so long as the one flag is displayed in a respectful manner and so long as the one flag is not larger than 4.5 feet by 6 feet.

             It is important to note that this new law eliminates the previous provision that limited the display of Armed Forces flags to certain holidays.

Flags Flown From Freestanding Flagpoles:

             A new Section 720.304(2)(b) was created to regulate flags which are flown from freestanding flagpoles.  This new law provides as follows:     

             1.         Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of their property so long as the flagpole is not within or upon an easement and does not obstruct sightlines at intersections.

             2.         The homeowner may display from that flagpole:

                         a.         One official United States flag, not larger than 4.5 feet by 6 feet in size, so long as it is flown in a respectful manner; and

                         b.         One official State of Florida flag or one official flag representing the United States Army, Navy, Air Force, Marines or Coast Guard or a POW-MIA flag, so long as the one flag is displayed in a respectful manner and so long as the one flag is equal in size to or smaller than the United States flag.

             As with Section 720.304(2)(a), the display of Armed Forces flags is not limited to certain holidays. 

 Impact on Non-Mandatory HOAs and CDDs:

             Section 720.304(c) now also specially makes this flag law applicable to nonmandatory community associations and community development districts even though these entitles are not otherwise regulated by Chapter 720.

The firm of Taylor & Carls, P.A., with offices located in Maitland, Clearwater and Palm Coast, Florida, was founded in 1981 and has practiced in the area of community association law since that date.  This edition was prepared by Robert L. Taylor, Esq. of Taylor & Carls, P.A.  The information contained in The Association e-Lawyer should not be acted upon without professional legal advice.  The opinions expressed herein are as of the date hereof, and this law firm undertakes no obligation to advise the Association of subsequent changes in the law. 

 
 
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