Ah………………..the
first week of July is approaching.
Our thoughts turn to backyard bar-b-cues, baseball,
fireworks and if you live in a
Florida
community association, lots and lots of fights over how, when
and where to fly the flag. It
seems like each year we hear and read about so many battles
between patriotic homeowners who may display large flags or many
of them, and community association boards who seek strict
compliance with the statutes and provisions of their declaration
that deal with displaying the flag.
Here
is how displaying the flag is actually treated in our Florida
Statutes:
For
condominiums, Florida Statute 718.113 states:
(4)Any
unit owner may display one portable, removable United States
flag in a respectful way and, on Armed Forces Day, Memorial Day,
Flag Day, Independence Day, and Veterans Day, may display in a
respectful way portable, removable official flags, not larger
than 41/2 feet by 6 feet, that represent the
United States Army, Navy, Air Force, Marine Corps, or Coast
Guard, regardless of any declaration rules or requirements
dealing with flags or decorations.
For
HOAs, Florida Statute 720.304 states:
(2)(a)Any
homeowner may display one portable, removable United States flag
or official flag of the State of Florida in a respectful manner,
and one portable, removable official flag, in a respectful
manner, not larger than 41/2
feet by 6 feet, which represents the United States Army, Navy,
Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag,
regardless of any covenants, restrictions, bylaws, rules, or
requirements of the association.
(b)Any
homeowner may erect a freestanding flagpole no more than 20 feet
high on any portion of the homeowner’s real property,
regardless of any covenants, restrictions, bylaws, rules, or
requirements of the association, if the flagpole does not
obstruct sightlines at intersections and is not erected within
or upon an easement. The homeowner may further display in a
respectful manner from that flagpole, regardless of any
covenants, restrictions, bylaws, rules, or requirements of the
association, one official United States flag, not larger than 41/2
feet by 6 feet, and may additionally display one official flag
of the State of Florida or the United States Army, Navy, Air
Force, Marines, or Coast Guard, or a POW-MIA flag. Such
additional flag must be equal in size to or smaller than the
United States
flag. The flagpole and display are subject to all building
codes, zoning setbacks, and other applicable governmental
regulations, including, but not limited to, noise and lighting
ordinances in the county or municipality in which the flagpole
is erected and all setback and locational criteria contained in
the governing documents.
Strangely enough, apparently only HOA
owners are allowed to fly a POW-MIA flag and condo owners have
no such right. Even
stranger is the fact that while in both type of associations you
are allowed to display a second flag representing a division of
the armed forces, only in an HOA must that second flag not be
larger than the American flag.
More evidence that legislative drafting of these statutes
needs work
In any event, it's unfortunate
that while we all agree that we should all have the ability to
fly the flag, complaints, lawsuits or arbitration cases
involving the number of flags, the size of the flags, and the
types of flags to be flown seem to get press coverage year after
year.
Take note that the statutes
only allowed you to display an American
flag in front of your home.
Should there be a right to display the flag of any
country in front of your own home, or just the flag of the
USA
? I always
thought that it's a matter of time before someone puts up a flag
of a foreign nation outside of their home, is asked to take it
down by the Board and the case heads off to court on 1st
amendment grounds. Remember,
like it or not, the U.S. Supreme Court has ruled that flag
burning is constitutionally protected free speech.
What about peacefully displaying a flag of a foreign
nation? Would it
matter if that country is a friend or foe?
How do you think a court would rule?
