A property owners association may adopt or enforce reasonable governing document provisions that do any of the following:

1. (1) Require:

   1. (A) that the flag of the United States must be displayed in accordance with:

      1. (i) 4 U.S.C. 5 through 4 U.S.C. 10; and
      2. (ii) the federal Freedom to Display the American Flag Act of 2005 (120 Stat. 572);

   2. (B) that a flagpole attached to a dwelling or a freestanding flagpole:

      1. (i) must be constructed of permanent, durable materials; and
      2. (ii) must have a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling;
   3. (C) that the display of a flag, or the location and construction of the supporting flagpole, must comply with applicable zoning ordinances, easements, and setbacks of record; and

   4. (D) that:

      1. (i) a displayed flag and the flagpole on which it is flown must be maintained in good condition; and
      2. (ii) any deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired, replaced, or removed.

2. (2) Regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation of at least one (1) flagpole per property that:

   1. (A) is:

      1. (i) located in the front yard of the property;
      2. (ii) not more than twenty (20) feet in height; and
      3. (iii) subject to applicable zoning ordinances, easements, and setbacks of record; or

   2. (B) is attached to any part of a residential structure:

      1. (i) owned by the member; and
      2. (ii) not maintained by the property owners association.
3. (3) Govern the size of a displayed flag.

4. (4) Regulate the:

   1. (A) size;
   2. (B) location; and

   3. (C) intensity;

      of any lights used to illuminate a displayed flag.

5. (5) Impose reasonable restrictions to abate noise caused by an external halyard of a flagpole.

6. (6) Prohibit a member from locating a displayed flag or flagpole on property that is:

   1. (A) owned or maintained by the property owners association; or
   2. (B) owned in common by the members of the property owners association.

As added by P.L.26-2026, SEC.1.