Q: I strongly support a candidate in the upcoming elections and would like to place that candidate’s sign in my front yard. My association has a rule prohibiting the placement of any signs in our front yards. Is this allowed?

A: No. SB 100 has a provision that took effect immediately on the passage of the bill on June 6, which states that associations may not flatly prohibit homeowners from displaying political signs any time between 45 days before and 7 days after an election. Associations, however, may regulate the display of such signs as long as such regulations are not more restrictive than any local ordinances. If there are no applicable ordinances, an association must allow a homeowner to display at least one sign per political office or ballot issue with the minimum dimensions of 36 by 48 inches. Additionally, homeowners have the right to place this signs on their property or in their windows. They may not, however, place signs on common areas or limited common elements (such as balconies) in a condominium association.

Q: I want to install a 30 foot flag pole in my yard so that I can proudly display both the American flag and the flag of my favorite sport, NASCAR. After my neighbor complained of my plans to my association board, I got a letter saying that I was not allowed to install the flag pole or display the flags. Is this allowed?

A: Associations must remember that as of June 6, SB 100 gives homeowners the right to display the American flag on their property, in their windows, or on their balconies. This provision, however, applies only to the American flag, not the flags of other countries, the Confederate flag, or P.O.W. flags etc. Your association therefore does have the ability to prohibit a homeowner from displaying a NASCAR flag.

Additionally, associations may adopt reasonable regulations on the size and placement of the flags, but may not completely prohibit the display of the American flag or the use of flag poles. An association may adopt reasonable regulations concerning the allowable height of flag poles as long as it does not prohibit it altogether. In this instance, the board will need to make a determination as to whether a 30 foot tall flagpole is reasonable. Presumably, the board would have to take into consideration such things as the type of community (i.e., single family or townhome, lot size, safety, method of installation, location in the yard the flag pole was to be installed, etc.) An association should adopt a policy that clearly states what is allowed to clear up any confusion and avoid conflict.

Homeowners also should remember they have the responsibility to display the flag in a manner consistent with the Federal Flag Code (click here for the Federal Flag Code). Since this section expresses a strong legislative intent to allow homeowners to display the American flag, associations should not hassle homeowners for small infractions of the Code.