State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47F > GS_47F-3-121

§ 47F‑3‑121. American and State flags and political sign displays.

Notwithstanding any provisionin any declaration of covenants, no restriction on the use of land shall beconstrued to:

(1)        Regulate or prohibitthe display of the flag of the United States or North Carolina, of a size nogreater than four feet by six feet, which is displayed in accordance with or ina manner consistent with the patriotic customs set forth in 4 U.S.C. §§ 5‑10,as amended, governing the display and use of the flag of the United Statesunless:

a.         For restrictionsregistered prior to October 1, 2005, the restriction specifically uses thefollowing terms:

1.         Flag of the UnitedStates of America;

2.         American flag;

3.         United States flag;or

4.         North Carolina flag.

b.         For restrictionsregistered on or after October 1, 2005, the restriction shall be written on thefirst page of the instrument or conveyance in print that is in boldface type,capital letters, and no smaller than the largest print used elsewhere in theinstrument or conveyance. The restriction shall be construed to regulate orprohibit the display of the United States or North Carolina flag only if therestriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITSTHE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTHCAROLINA".

Thissubdivision shall apply to owners of property who display the flag of theUnited States or North Carolina on property owned exclusively by them and doesnot apply to common areas, easements, rights‑of‑way, or other areasowned by others.

(2)        Regulate or prohibitthe indoor or outdoor display of a political sign by an association member onproperty owned exclusively by the member, unless:

a.         For restrictionsregistered prior to October 1, 2005, the restriction specifically uses the term"political signs".

b.         For restrictionsregistered on or after October 1, 2005, the restriction shall be written on thefirst page of the instrument or conveyance in print that is in boldface type,capital letters, and no smaller than the largest print used elsewhere in theinstrument or conveyance. The restriction shall be construed to regulate orprohibit the display of political signs only if the restriction specificallystates: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICALSIGNS".

Evenwhen display of a political sign is permitted under this subdivision, anassociation (i) may prohibit the display of political signs earlier than 45days before the day of the election and later than seven days after an electionday, and (ii) may regulate the size and number of political signs that may beplaced on a member's property if the association's regulation is no morerestrictive than any applicable city, town, or county ordinance that regulatesthe size and number of political signs on residential property. If the localgovernment in which the property is located does not regulate the size andnumber of political signs on residential property, the association shall permitat least one political sign with the maximum dimensions of 24 inches by 24inches on a member's property. For the purposes of this subdivision,"political sign" means a sign that attempts to influence the outcomeof an election, including supporting or opposing an issue on the electionballot. This subdivision shall apply to owners of property who displaypolitical signs on property owned exclusively by them and does not apply tocommon areas, easements, rights‑of‑way, or other areas owned byothers. (2005‑422,s. 8; 2006‑226, s. 15(b).)