Florida HOA and condo flag rights, and political signs

If a covenant, bylaw, or rule bans the listed flags, section 720.304(2) lets you display up to two of them anyway, in a respectful manner. Each has to be portable and removable and no bigger than 4 1/2 by 6 feet. The list is the US flag, the Florida flag, a flag for the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, a POW-MIA flag, and a first responder flag.

A first responder flag honors one of eight groups named in the statute: law enforcement officers, firefighters, paramedics or EMTs, correctional officers, 911 telecommunicators, registered and licensed practical nurses and advanced practice nurses, urban search and rescue participants, and federal law enforcement officers. The Legislature added it in 2023, effective July 1, 2023. Section 720.3075 separately says HOA documents may not preclude the two flags, and that all flags must be displayed respectfully.

The flagpole rule applies regardless of the covenants. You may put up one freestanding pole, no more than 20 feet tall, anywhere on your property that does not block sightlines at an intersection and is not on an easement. From it you can fly one US flag up to 4 1/2 by 6 feet and one other flag from the list, the same size or smaller. The pole still has to meet building codes, zoning setbacks, local noise and lighting ordinances, and the setback and location rules in the governing documents. These rules apply to every HOA and community development district in the state.

Condos fall under a different statute with a shorter list. Section 718.113(4) lets any unit owner display one portable, removable US flag in a respectful way, regardless of the declaration's rules on flags or decorations. On Armed Forces Day, Memorial Day, Flag Day, Independence Day, Patriot Day (September 11), and Veterans Day, you can also display official flags of the military branches, up to 4 1/2 by 6 feet.

That is all the condo statute covers. It does not protect a Florida flag, a POW-MIA flag, or a first responder flag, and it gives condo owners no flagpole right. If you are buying a condo and those matter to you, read the declaration and rules.

A federal law, the Freedom to Display the American Flag Act of 2005, also bars condo, co-op, and homeowners associations from adopting or enforcing a rule that would stop you from displaying the US flag on property you own or have exclusive use of. It covers only the US flag and allows reasonable time, place, and manner restrictions that are necessary to protect a substantial interest of the association.

Florida's HOA and condo statutes do not include a political sign protection. The only sign right in section 720.304 is for a security company sign of reasonable size within 10 feet of an entrance to the home. So whether you can put a campaign sign in your yard or window depends on the declaration and the rules. Some communities allow signs, some limit them, and some ban all signs.

HOA owners do have a related right in section 720.304(1): the association cannot unreasonably restrict your right to invite public officers or candidates for public office to speak in the common areas.

Read these together before you make an offer:

• Whether the property is in an HOA (Chapter 720) or a condo (Chapter 718), since the flag rights differ.
• Any rule that bans flags, allows only one flag, or sets a size under 4 1/2 by 6 feet in an HOA.
• Any ban on freestanding flagpoles or a height cap under 20 feet in an HOA.
• The sign section of the declaration and rules, since that controls political signs.
• Board minutes or violation letters about flags or signs.

Flag rules are a quick check on whether an HOA's documents were updated after the 2023 changes. If you care about campaign signs, the sign rules in the packet are the only thing that will tell you what is allowed.

An HOA Notes brief reads the declaration, rules, and minutes together, flags flag and flagpole rules that conflict with the statutes, and cites the page behind every finding.

Florida Statutes section 720.304(2) (Flags and flagpole rights). Regardless of HOA rules, an owner may respectfully display up to two portable, removable flags no larger than 4.5 by 6 feet from this list: U.S. flag, Florida flag, a U.S. military branch flag, POW-MIA flag, or a first responder flag; the owner may also erect one freestanding flagpole up to 20 feet high on the owner's property, if it does not block sightlines at intersections and is not in an easement, flying one U.S. flag and one other listed flag of equal or smaller size. The association may require respectful display, regulate flags not on the statutory list, and apply the setback and locational criteria in its governing documents to the flagpole, which is also subject to building codes, zoning setbacks, and local noise and lighting ordinances; it may not lower the 20-foot height or the 4.5 by 6 foot flag size.

When you read the disclosure packet, watch for no flags banners or signs of any kind on any lot, only one flag not to exceed 2 x 3 feet is permitted, no freestanding flagpoles are permitted, flagpoles may not exceed 12 feet, and only the U.S. flag may be displayed. HOA Notes flags each of these against the statute and tells you which restrictions are actually enforceable.