David G. Muller

Q: I went on a stroll in my group and noticed not less than 8 properties flying both Trump or Biden flags.  Is it authorized to fly a political flag on a house situated in a owners affiliation? I.B.

A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Householders Affiliation Act particularly allow the flying of the US flag and different varieties of governmental flags, together with flags of the assorted navy branches.  These statutes don’t handle different varieties of flags, corresponding to political flags. 

The governing paperwork for some communities prohibit house owners from flying non-exempt flags, corresponding to political flags or flags with sports activities staff logos.  There may be an open and reasonably difficult authorized problem as as to if it’s an infringement of a home-owner’s First Modification free speech rights to limit political speech.



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