As we head into the Fall of an election year, the Board of Directors would like to remind everyone that the Declaration of Covenants, Conditions, and Restrictions of Del Tierra, as well as the Rules and Regulations of Del Tierra provide very specific guidance and restrictions regarding the display of flags, signage, banners etc. on a lot and on and within the home located on the Lot.
The Board of Directors has received complaints regarding this issue and in response, is sending this correspondence to remind and educate the Community.
The entirety of the Del Tierra Governing Documents, the Declaration of Covenants, Conditions, and Restrictions of Del Tierra, the Bylaws of Del Tierra Homeowners’ Association, Inc., the Articles of Incorporation of Del Tierra Homeowners’ Association, Inc., the Rules and Regulations of Del Tierra, the Architectural Guidelines for Del Tierra, and any amendments to any of the foregoing can be found on the resources page.
As it relates to the display of flags, Article 3.5.8 of the Architectural Guidelines provides as follows:
Flags may be displayed as provided in Chapter 720.304, the Florida Homeowners Association Act.
Chapter 720.304 of the Florida Homeowners Association Act provides as follows:
(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.
(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.
As it relates to the display of signage, Article 4.8 of the Architectural Guidelines provides as follows:
4.8.1 General Limitations. Posting of Signs of any kind, except those required by law, such as posters, circulars, billboards, or other commercial signage shall not be displayed on a lot, house (inside or outside), vehicle, or common area. Homes may display one For Sale sign in the yard while the house is on the market, they may also display 1 open house sign on the day of the open house.
Likewise, Article IX section 12 of the Covenants, Conditions, and Restrictions provides as follows:
Section 12. No flags or banners other than a Flag permitted by Chapter 720.304, Florida Statutes, or other local, state or federal law, which must be displayed in a respectful manner and which is subject to reasonable standards for size, placement and safety as may be adopted by the Association will be permitted. The foregoing sentence shall not apply to the Declarant.
Thank you for your anticipated compliance with the above.
If you have any questions or concerns regarding the foregoing do not hesitate to contact any of the Board of Directors or the Association Manager, Justin Patterson at [email protected] to discuss further.