Flag Flying in Sugarhill

The new flag flying statute now controls what flags cannot be restricted by Sugarhill or any other HOA. Here’s the statute:

A homeowner may display in a respectful manner up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet.
1. The United States flag.
2. The official flag of the State of Florida.
3. A flag that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard.
4. A POW-MIA flag.
5. A first responder flag. A first responder flag may incorporate the design of any other flag permitted under this paragraph to form a combined flag. For purposes of this subsection, the term “first responder flag” means a flag that recognizes and honors the service of any of the following:
a. Law enforcement officers as defined in s. 943.10(1).
b. Firefighters as defined in s. 112.191(1). c. Paramedics or emergency medical technicians as those terms are defined in s. 112.1911(1). d. Correctional officers as defined in s. 943.10(2).
e. 911 public safety telecommunicators as defined in s. 401.465(1).
f. Advanced practice registered nurses, licensed practical nurses, or registered nurses as those terms are defined in s. 464.003.
g. Persons participating in a statewide urban search and rescue program developed by the Division of Emergency Management under s. 252.35.
h. Federal law enforcement officers as defined in 18 U.S.C. s. 115(c)(1).

Sugarhill's bylaws and covenants have no restrictions regarding flags. We do however request flags reflect the dignity of Sugarhill.

Flags that exhibit crude, disrespectful, false wording or images may be the catalyst for a community vote to amend the covenants regarding flags. Also, state approved flags displayed in a disrespectful manner may also instigate a change.

What can go in your ‘hidden-from-view’ backyard

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.

Sugarhill’s covenants completely block all boats, recreational vehicles, and trailered items from existing anywhere on any property.

Gradually over time Sugarhill began to allow these items as long as they were not visible from the street or neighbors.

The new State statute has made allowing these items that are out of street view or neighbors view a legal override of any HOA’s covenants. This is a change that this 2023 Sugarhill board agrees with.

We have gone slightly further than what the state is now allowing by using the term obscured from view. With this board that means if a small portion of the item is visible we generally will allow it but it can’t be directly and easily identifiable from the street or neighbors.

Now, at least, if a new board comes into Sugarhill the original and still existing restriction is somewhat throttled by the statute change.

Blatantly full view restricted items will continue to be enforced. Any items that require Martin County code permit or that violates ordinances will be brought to the attention of code enforcement as required in our covenants.