Getting “Flag Ready” for the Fourth of July

Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display in community associations is addressed under State law.

The Florida Condominium Act permits a unit owner to display, in a respectful manner, one portable, removable United States flag and portable, removable official flags, not larger than 4.5-feet by 6-feet, that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard. These flags may be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, regardless of any provisions of the condominium documents concerning flags or decorations.

The Florida Homeowners’ Association Act, by comparison, provides that a homeowner may display in a respectful manner one portable, removable United States flag or official flag of the State of Florida; and one portable, removable official flag not larger than 4.5-feet by 6-feet, that represents the United States Army, Navy, Air Force, Marine Corps, Space Force or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, or rules of the homeowners’ association. In other words, the display of these flags is not limited to certain designated holidays as in condominium associations. Additionally, a homeowner may erect a freestanding flagpole no more than 20-feet high on any portion of the homeowner’s property, provided that the flagpole does not obstruct sightlines at intersections and is not erected within an easement.