Q: Flag display limits on residential property in Florida HOA
I live in a residential property with an HOA in Florida. Currently, I display a service flag off my porch and have a 20-foot freestanding flagpole in my front yard with a 4' x 6' American flag and a 2' x 3' POW-MIA flag. The HOA property manager is telling me that I cannot have both flags displayed. What are my rights regarding flag displays in this situation?
A: Florida Statute Section 720.304(2)(a) allows you to fly up to two (2) flags that are no larger than 4.5' x 6'. They can be a US flag, Florida flag, POW-MIA flag, first responder flag, or any US military flag. The 20' flagpole is the maximum height allowed. This has been a Florida law for about two decades. New types of flags were added a couple of years ago but the US flag and POW-MIA flag have been in the statute for quite some time.
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A:
I'll help you understand your rights regarding flag displays in your Florida HOA situation.
In Florida, your rights are protected by specific state laws that override HOA restrictions when it comes to certain flag displays. Florida Statute 720.304(2) explicitly permits homeowners to display one portable, removable U.S. flag in a respectful manner regardless of HOA rules. Additionally, the statute allows you to erect a freestanding flagpole no more than 20 feet high on your property from which to display the American flag.
What's particularly relevant to your situation is that Florida law also protects your right to fly additional flags under certain circumstances. The same statute permits homeowners to display official flags of any branch of the U.S. Armed Forces and the POW-MIA flag along with the American flag. This means your current display of the American flag and POW-MIA flag on your freestanding pole is protected by state law.
Your service flag displayed from your porch may also be protected depending on what type of service flag it is. If it represents a branch of the military or is a Blue Star or Gold Star service flag, Florida law likely protects this display as well. I recommend reviewing the exact wording of Florida Statute 720.304(2) or consulting with a local attorney familiar with HOA regulations if your property manager continues to challenge your flag displays.
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