Q: This is presently in the Declaration of Covenants and Restrictions. Is this a discriminatory restriction?
Section 26. Flags. An Owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. No other flags shall be permitted unless approved by the Architectural Control Committee or otherwise protected under federal or state law or regulations.
A: It depends on what you mean by "discriminatory?" It is outdated and not compliant with the latest statute, which allows these flags to be flown year-round and also include Space Force, MIA and POW flags. This is state law, Florida Statute 720.304(2)(a-b). If you mean is it discriminatory because no other flags are allowed, the answer is no.
Charles M. Baron agrees with this answer
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