Content provided by Law Firm Carolinas. See original article here.
Session Law 2026-59, which became effective last month, amended both the NC Planned Community Act (47F) and NC Condominium Act (47C).
North Carolina has changed the rules on what homeowners and condominium associations can do about American and North Carolina flags.
Under prior law, an association could regulate or even prohibit a United States or North Carolina flag if its Declaration contained very specific language required by statute. For that reason, you would often see filed declarations with language on their first page to the effect that “THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA.”
That language is no longer necessary because the statutory exception has been modified. (FYI: Associations may still regulate flags not protected by the new law, but there is no longer a requirement for special language on the first page of the Declaration.)
Under the new law, an HOA or condominium restriction cannot regulate or prohibit a United States or North Carolina flag if the flag:
- is no larger than four feet by six feet;
- is displayed consistently with the federal Flag Code; and
- is displayed on property owned exclusively by the owner.
There are limits. The protection does not apply to common areas, easements, rights-of-way, or property owned by someone else. And the statute does not necessarily give an owner the right to install any type or size of flagpole. Architectural requirements and restrictions involving common property may still matter.
The change also applies specifically to the United States and North Carolina flags. Political, sports, college, seasonal, and other flags may still be subject to an association’s governing documents and other applicable law.
The practical takeaway? Boards and managers should be careful about relying on older Declaration provisions or flag rules. Language that previously allowed an association to regulate an American or North Carolina flag may no longer be enforceable as to a flag protected by the new law.
To read the full bill, visit SB 445, “An Act to Provide Further Regulatory Relief to the Citizens of North Carolina.”
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