Election seasons bring strong opinions, and those opinions show up in yards, on balconies, and at community meetings. Clear rules, applied evenly, help a community stay civil while residents take part in public life.
This article is general information and is not legal advice. The association's attorney should be consulted.
What Florida Law Says About Flags
Some flag displays are protected by Florida law regardless of what the governing documents say.
Homeowners associations. Under section 720.304(2) of the Florida Statutes, a homeowner may display in a respectful manner up to two portable, removable flags, not larger than 4 1/2 feet by 6 feet, from this list: the United States flag, the official Florida flag, a flag of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, a POW-MIA flag, and a first responder flag. A homeowner may also erect a freestanding flagpole up to 20 feet high on the homeowner's property, as long as it does not obstruct sightlines at intersections and is not placed in an easement. One United States flag and one other permitted flag may be flown from it. The flagpole is still subject to building codes, zoning setbacks, local ordinances, and the setback and location rules in the governing documents.
Condominiums. Under section 718.113(4), any unit owner may display one portable, removable United States flag in a respectful way. On Armed Forces Day, Memorial Day, Flag Day, Independence Day, Patriot Day, and Veterans Day, official flags of the armed forces branches, not larger than 4 1/2 feet by 6 feet, may also be displayed.
Campaign flags and political banners are not on these lists. Their display is generally governed by the association's declaration and rules.
Political Signs
Yard and window signs are usually addressed in the governing documents. When rules are drafted or reviewed, these points are commonly considered:
- Size and number. Limits on sign size and the number of signs per home help prevent clutter.
- Placement. Rules may address where signs may be placed on a lot and whether any are allowed in common areas.
- Timing. A reasonable period for display, with start and end dates around an election, lets residents express their views while keeping the community's appearance consistent.
- Condominium buildings. Signs in windows, on balconies, or on common elements are often restricted by the declaration.
Any sign or flag rule should be reviewed by the association's attorney before it is adopted or enforced, and it should be adopted through the procedure required by the governing documents.
Common Areas and Candidate Visits
Under section 720.304(1), a homeowners association may adopt reasonable rules for the use of common areas and recreational facilities, but it may not unreasonably restrict an owner's right to peaceably assemble or to invite public officers or candidates for public office to appear and speak in those areas. Reservation and use rules for the clubhouse and other spaces should be applied the same way no matter which candidate or cause is involved.
Keeping Discussions Civil
Healthy civic discussion is part of community life, but disagreements can spill over into neighbor disputes. A few practices help:
- Ground rules can be set for meetings and events: speakers take turns, personal attacks are not allowed, and inflammatory language is avoided.
- Association business stays on the agenda. Board meetings are for association matters, and partisan topics should be kept out of them.
- Shared goals are emphasized. Most residents want a safe, clean, well-run community, and those common interests can be the focus.
- Disputes are addressed early. A clear process for neighbor complaints keeps minor disagreements from growing. Guidance can be found in
how to stop neighbor to neighbor harassment.
Neutrality and Consistent Enforcement
Board members should remain neutral when acting for the association. Personal political views should not be expressed in association communications, and the association should not host partisan events.
Rules must be enforced the same way for every viewpoint. A violation should not be issued for one sign or flag while similar displays are ignored, and complaints about one side should not be acted on while complaints about the other are set aside. Uneven enforcement invites claims of unfair treatment and weakens the association's position. Before any fine is imposed, the notice and hearing process required by Florida law must be followed. More on running meetings well can be found in
6 HOA board meeting best practices.
Help Through Election Season
Rule reviews, resident notices, and violation procedures are handled for the communities managed by Condominium Associates. To talk about your association's sign and flag rules,
contact us.
