The General Rule
The Freedom to Display the American Flag Act of 2005 (4 U.S.C. § 5) prohibits condominium, cooperative, and HOA governing documents from restricting a homeowner's right to display the U.S. flag on their own property. HOAs cannot ban the flag entirely. However, they can still enforce reasonable rules on size, location, and manner of display — for example, requiring a specific flagpole height, prohibiting flags on common areas, or requiring the flag be displayed respectfully per U.S. Flag Code. Rules that are so restrictive they effectively prevent display (e.g. requiring board pre-approval for every display) are generally not enforceable.
Freedom to Display the American Flag Act of 2005 (4 U.S.C. § 5) applies nationwide and preempts conflicting CC&R provisions.
Florida-Specific Rules
Florida Statute §720.304 goes further than federal law — it also protects flags of the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, and POW/MIA flags, plus flags showing support for first responders.
Why Your CC&Rs May Be Different
State law sets the minimum floor — but your community's CC&Rs, bylaws, and board-adopted rules may be stricter, may include exceptions, or may have been amended recently. The only way to know exactly what applies to your community is to read your specific governing documents.
Most CC&Rs are 40–120 pages of dense legal language. Finding the exact section that answers your question can take 20–30 minutes — if you can find it at all.
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