HOA For Sale Sign Legislation SB 1062

Started by AlexL1 • 10 replies • 1438 views

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AlexL1 (Florida)
Posts: 305

Posted:

Has anyone had any complaints, etc about this new legislation that supposedly went into effect this Sept 07? It does represent a significant change to the HOA. I am concerned, however, about the part pertaining to the FLAG. As I read it, it even allows for a flag pole that can be erected. This SB does state that the HOA can regulate the location and size of flagpole but SHALL NOT PROHIBIT the installation of a flagpole.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Alex, Being that I am also a Floridian, this perked my interest. I went to the My Florida legislation site and cannot find the bill. Help me please.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Alex, Just for reference, this is for flags from Statute 720;304

2) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day may display in a respectful manner portable, removable official flags, not larger than 41/2 feet by 6 feet, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.

AnnJ1 (Florida)
Posts: 122

Posted:

Donna,
My curiosity was piqued too! ;)
I did find a recent ARIZONA SB 1062 which addresses flags, flagpoles and sale signs.
Here's the addy for the PDF file:
http://www.azleg.gov/legtext/48leg/1r/bills/sb1062p.pdf

Here's the HTML file:
http://209.85.207.104/search?q=cache:yQ-Ygc6KfAcJ:www.azleg.gov/legtext/48leg/1r/bills/sb1062p.pdf+2007+SB+1062&hl=en&ct=clnk&cd=3&gl=us

Ann

DonnaS (Tennessee)
Posts: 5,671

Posted:

Ann,
Yes indeed, Arizona has that Bill 1062 which is Flags and signs. Thank You. I looked it up and it is basically the same as Florida where Alex is from.

JoeW1 (New York)
Posts: 728

Posted:

AlexL1 - It seems to me that if the HOA can regulate the location and size of the flagpole it can prevent one being placed in the ground. Meaning the HOA can state the flagpole must be permanently affixed to a location on the unit, with length and mounting guidelines that are consistent with federal flag code P.L. 94-344; 90 Stat. 810; 4.

HaroldS (Arizona)
Posts: 906

Posted:

Joe - the Arizona legislature anticipated an attempt to circumvent their intent to allow flagpoles - "The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole." Harold

AnnaD2 (Florida)
Posts: 960

Posted:

But what about the FOR SALE SIGN legislation that is the subject to your post? What's up with that??? Something new addressing For Sale signs?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Yes Alex,
What is with the for sale signs. As I posted above, I could not find any legislation with the number that you gave us other than Arizona. For sale signs has been kind of a big deal in our community, being gated.It is always a problem to get your sale signs noticed by potential buyers when they cannot access your house sale signs because of gates. Let us know where this law is. Thanks

JoeW1 (New York)
Posts: 728

Posted:

HaroldS - I know that, however the legislation allows the association to basically define flagpole and the location. A traditional flagpole in the ground can be prohibited.

HaroldS (Arizona)
Posts: 906

Posted:

" A traditional flagpole in the ground can be prohibited." I would definitely challenge that. Harold

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