Q: Are political flags considered political signs under our association's deed restrictions?
I live in a community with a 617 Association that bans political signs except during elections. A resident is displaying a Trump flag, arguing that the prohibition on "signs" does not apply to flags as there are no definitions provided in the association's documents. The association sent a letter requesting the flag's removal, but the resident refused. There's no penalty for violating the Deed Restrictions, and previous legal opinions on this issue have conflicted. How should the association address this situation?
A:
That's a question for the association's attorney. I have always taken the position that if it has words on it the classification would be it's a sign, similar to a banner. Also, the only flags that are protected under Chapter 720, if you are a mandatory homeowners' association, are the US, Florida, military and first responder flags.
I have heard the opposite arguments and there is no case law (court rulings) on this issue that have been published to my knowledge. In my opinion it is questionable how a court would decide this issue and a lot depends on how the arguments are presented to the court.
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