North
Carolina Planned Community Act § 47F‑3‑121. American and State flags and
political sign displays.
Notwithstanding
any provision in any declaration of covenants, no restriction on the use of
land shall be construed to:
(1) Regulate or prohibit the display of the flag of the United
States or North Carolina, of a size no greater than four feet by six feet,
which is displayed in accordance with or in a 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 States unless:
a. For restrictions registered prior to October 1, 2005, the
restriction specifically uses the following terms:
1. Flag of
the United States of America;
2. American
flag;
3. United
States flag; or
4. North
Carolina flag.
b. For restrictions registered on or after October 1, 2005, the
restriction shall be written on the first 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 the instrument or conveyance. The restriction
shall be construed to regulate or prohibit the display of the United States or
North Carolina flag only if the restriction specifically states: "THIS
DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF
AMERICA OR STATE OF NORTH CAROLINA".
This subdivision shall apply to owners of property who display the
flag of the United States or North Carolina on property owned exclusively by
them and does not apply to common areas, easements, rights‑of‑way, or other
areas owned by others.
(2) Regulate or prohibit the indoor or outdoor display of a
political sign by an association member on property owned exclusively by the
member, unless:
a. For restrictions registered prior to October 1, 2005, the
restriction specifically uses the term "political signs".
b. For restrictions registered on or after October 1, 2005, the
restriction shall be written on the first 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 the instrument or conveyance. The restriction
shall be construed to regulate or prohibit the display of political signs only
if the restriction specifically states: "THIS DOCUMENT REGULATES OR
PROHIBITS THE DISPLAY OF POLITICAL SIGNS".
Even
when display of a political sign is permitted under this subdivision, an
association (i) may prohibit the display of political signs earlier than 45
days before the day of the election and later than seven days after an election
day, and (ii) may regulate the size and number of political signs that may be
placed on a member's property if the association's regulation is no more
restrictive than any applicable city, town, or county ordinance that regulates
the size and number of political signs on residential property. If the local
government in which the property is located does not regulate the size and
number of political signs on residential property, the association shall permit
at least one political sign with the maximum dimensions of 24 inches by 24
inches on a member's property. For the purposes of this subdivision,
"political sign" means a sign that attempts to influence the outcome
of an election, including supporting or opposing an issue on the election
ballot. This subdivision shall apply to owners of property who display
political signs on property owned exclusively by them and does not apply to
common areas, easements, rights‑of‑way, or other areas owned by others.