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.
©2008 Taylor &
Carls, P.A. All Rights Reserved.
The firm can be reached
Toll Free at 1-800-395-6235 or locally at 407-660-1040.
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