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Flying your flag: Can your HOA interfere?

You may associate patriotism to the United States with flying the country’s flag on your property in Florida. Flags are also often flown to display loyalty to the state, to a branch of the military or to a sports team. However, your homeowners’ association may have something to say about how, when and where you may place a flag.

The HOA you belong to does have the right to limit flags, but Florida statutes restrict the community’s bylaws, rules and covenants in certain situations. For example, although you cannot place a flagpole in a location that may block the view at intersections, you may put one anywhere else on your property, unless it is on an easement. The height of a freestanding flagpole must be 20 feet or less.

It is against Florida law for your HOA to prevent you from flying a U.S. flag of 4 ½ feet by six feet or less. You may also hang Florida’s official state flag beneath it, as long as it is the same size or smaller. You may choose to fly an official flag of one of the U.S. Armed Forces branches or a POW-MIA flag as a second option beneath the U.S. flag, or beneath the Florida flag if it is the primary flag flown, but the HOA may limit you to two flags. All flags must be portable and removable.

This information is provided to give you an understanding of the protections provided by Florida statute 720.304. However, it is general in nature and should not be interpreted as legal advice.

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