House Bill 437 Overrides Certain HOA Flag Rules In Florida

House Bill 437, which Gov. DeSantis recently approved, expands the right of homeowners to display certain flags in Florida regardless of HOA rules. The newly passed law will take effect on July 1.

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House Bill 437, which Gov. DeSantis recently approved, expands the right of homeowners to display certain flags in Florida regardless of HOA rules. The newly passed law will take effect on July 1.

 

What Is House Bill 437?

Homeowners associations are known for their strict rules — even rules regulating the display of flags on individual properties. Such rules have ignited disputes in many communities, with homeowners flying flags and HOAs fining them for it.

In Florida, though, this will soon change.

House Bill 437, which was introduced earlier this year, has received the approval of Gov. DeSantis. The new law allows homeowners to display up to two (2) certain flags regardless of the rules of their HOA community.

The flags that a homeowner may display include the following:

  • The United States flag;
  • A flag that represents the United States Army, Navy, 52 Air Force, Marine Corps, Space Force, or Coast Guard;
  • The official flag of the State of Florida;
  • A POW-MIA flag; and,
  • A first responder flag.

The law also goes on to define what a first responder flag is.

 

No Shortage of Flag Disputes

Homeowners and their HOAs get into all sorts of disputes all the time, but flag disputes make up a sizable chunk of them.

Prior to the passing of this new law, Jacksonville resident and veteran Larry Murphree accumulated fines and legal fees in the hundreds of thousands battling his HOA — all over a flag that he stuck in a flower pot on his front porch.

Flag disputes also take place in other states, including South Carolina, North Carolina, and California.

While the new law expands on the right of homeowners to display certain flags, it still requires them to display these flags in a respectful and proper manner. Still, for a lot of people, it’s a step in the right direction.

The law takes effect on July 1, 2023.

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