HOA Q & A: What are the changes in the law allowing flags to be flown?
Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q: I understand there have been some changes in the laws allowing flags to be flown. Can you explain the new laws? --L.S. Boca Raton
A: Yes. For condominiums, Patriot Day has been added to the day that a unit owner may display a flag. The law provides that an owner can display the United States flag every day of the year and can display flags that represent the U.S. Army, Navy, Air Force, Marine Corps, Space Force or Coast Guard on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans Day and now Patriot Day.
In a homeowners association governed by Chapter 720, Florida Statutes state a homeowner may display up to two flags all year long that represent the U.S. Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, POW-MIA and, added this year the Flag of the State of Florida and first responder flags. A first responder flag is defined as a flag that honors the service of law enforcement officers, firefighters, paramedics and emergency medical technicians, correctional officers, 911 operators, nurses, persons participating in urban search and rescue and federal law enforcement.
From June 10: Has the law changed regarding if an owner is delinquent in payment of assessment?
From June 3: If personal property blows onto condo roof, does owner or HOA pay to remove it?
Q: Is there a new law that allows a homeowner to store items in their back yard even if the covenants say storing certain items is prohibited? --R.D., Stuart
A. Yes. You are referring to House Bill 437 which amended Chapter 720 Florida Statutes which is the homeowners association law. Section 720.3045 was added to the law and provides that regardless of any covenants, restrictions, bylaws, rules or requirements of an association and unless prohibited by general law or ordinance, an association may not restrict a parcel owner or tenants from installing, displaying or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel including but not limited to artificial turf, boats, flags or recreational vehicles.
Q: I’m a member of a condominium board in which the other board members are more interested in keeping the quarterlies as low as possible by end rounding state laws increasing the deductible on the insurance without members' knowledge or increasing a lifespan of a roof as not to fund it just for their own budget. --J.K., Fort Pierce
A: Regarding the insurance deductible the Condominium Act Section 718.111(11)(c) provides that:
Policies may include deductibles as determined by the board.
1. The deductibles must be consistent with industry standards and prevailing practice for communities of similar size and age, and having similar construction and facilities in the locale where the condominium property is situated.
2. The deductibles may be based upon available funds, including reserve accounts, or predetermined assessment authority at the time the insurance is obtained.
3. The board shall establish the amount of deductibles based upon the level of available funds and predetermined assessment authority at a meeting of the board in the manner set forth in s. 718.112(2)(e).
The decision to choose the amount of the deductible therefore is a Board decision but it would have to be made at a properly noticed Board meeting which the owners may attend.
In regard to increasing the life span of the roof in order to reduce the annual reserve payment, this could only be done if the Board had an objective professional opinion from an engineer, licensed roofer, licensed architect or reserve specialist supporting the increased estimated life of the roof. The Board cannot simply increase the estimated life without this information, or they would be breaching their fiduciary duty in my opinion.
Richard D. DeBoest, Esq., is a Partner of the Law Firm Goede, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q & A: What are the changes in the law allowing flags to be flown?
