North Carolina S.L. 2026-59 (S.B. 445): HOA Flag Display, G.S. 47F-3-121 and 47C-3-121

Quick Answer

North Carolina Session Law 2026-59 (Senate Bill 445, the Regulatory Reform Act of 2026) amended the flag provisions in both the Planned Community Act (G.S. 47F-3-121) and the Condominium Act (G.S. 47C-3-121). It deleted the exceptions that let older and newer HOA documents restrict flags if they used certain wording. Now, notwithstanding any declaration, no restriction "shall be construed to" regulate or prohibit display of a United States or North Carolina flag no larger than four feet by six feet, displayed consistent with 4 U.S.C. sections 5 to 10, on property the owner owns exclusively. It took effect when the Governor signed it on August 11, 2026.

At a Glance

What the Law Says

Section 4 is headed "Further prohibit property restrictions on flying the American and North Carolina flags." Both amended sections begin: "Notwithstanding any provision in any declaration of covenants, no restriction on the use of land shall be construed to:" and the rewritten subdivision (1) continues:

• "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."

The act strikes what used to follow, a clause beginning "unless." Based on the struck text shown in the act, the removed exceptions were:

• For restrictions registered before October 1, 2005, the restriction had to specifically use terms such as "Flag of the United States of America," "American flag," "United States flag" or "North Carolina flag."
• For restrictions registered on or after October 1, 2005, the restriction had to be on the first page of the instrument, in boldface capital letters, and state: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA."

The closing sentence of subdivision (1) remains: it "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."

The act text shows only subdivision (1) rewritten and the remainder of each section as an ellipsis. We did not read the political sign provisions in the current statutes for this page and the act does not appear to change them. Confirm the current codified text on the legislature's website, since a codified version may lag the session law.

What This Means in Practice

For boards

Our reading: any covenant or rule in a North Carolina planned community or condominium that would ban or limit a U.S. or N.C. flag within the size and display limits, on an owner's exclusively owned property, can no longer be construed to do so, regardless of when it was recorded and regardless of how prominently it was written. The old boldface-notice and specific-wording escape routes are gone from the text.

What the section does not say

• It covers the U.S. flag and the North Carolina flag only. It does not mention other flags, such as military, team, or other state flags. Whether those can be restricted is a question under the association's documents and rules.
• It caps the protected size at four feet by six feet.
• It does not apply to common areas, easements, rights-of-way or other areas owned by others.
• It requires display "in accordance with or in a manner consistent with" 4 U.S.C. §§ 5-10. We did not read those federal provisions for this page, so the content of "patriotic customs" is not explained here.

Open questions

• The phrase "property owned exclusively by them" is not defined in Section 4. For a condominium unit, whether a balcony, patio or limited common element counts is unclear. That is an open question for counsel.
• The act does not say whether fines imposed before August 11, 2026 under an older restriction are affected.
• Reasonable rules on mounting, lighting or flagpole placement are not addressed. Our reading: the text speaks only to restrictions that "regulate or prohibit the display" of the flag, so rules should be reviewed by counsel before enforcement.

Timeline

Related North Carolina Law

• G.S. 47F-3-121: flags and political signs
• Chapter 47F: Planned Community Act overview
• Chapter 47C: Condominium Act overview
• S.L. 2022-12: older condominiums and the sections that reach them
• North Carolina HOA laws complete guide

Board Checklist

• Search your declaration, rules and architectural guidelines for any flag, flagpole or display restrictions.
• Identify any restriction that limits a U.S. or N.C. flag of four feet by six feet or less on an owner's own property, and have counsel advise on enforcement.
• Hold any pending violation or fine involving a U.S. or N.C. flag until counsel has reviewed it.
• Consider whether to update rules and architectural guidelines so they do not conflict with the new text.
• Keep rules for common areas separate from rules for owner property, since the section excludes common areas.
• Check the current codified text of G.S. 47F-3-121 or 47C-3-121 on the legislature's website.

Frequently Asked Questions

Can a North Carolina HOA ban the American flag?

Not by a restriction that would be "construed to" do so under G.S. 47F-3-121 or 47C-3-121, as amended, for a flag of four feet by six feet or less displayed consistent with 4 U.S.C. §§ 5-10 on property the owner owns exclusively.

Does it cover the North Carolina flag?

Yes. Both the flag of the United States and the flag of North Carolina are named.

What changed from the old law?

The act removed the exceptions for pre-October 2005 restrictions that used specific flag terms and for later restrictions with the boldface first-page statement.

When did it take effect?

When it became law, August 11, 2026.

Does it apply to condominiums?

Yes. Section 4(a) amends G.S. 47C-3-121 in the same way as Section 4(b) amends G.S. 47F-3-121.

Can an association restrict flags in common areas?

The new text says it "does not apply to common areas, easements, rights-of-way, or other areas owned by others." Whether the association may restrict flags there depends on its documents and counsel's advice.

Are other flags protected?

The text names only the U.S. and North Carolina flags.

Where This Comes From

This page is based on Section 4 of Session Law 2026-59 as published at ncleg.gov and the bill history page for Senate Bill 445 on the same site. The act is a long omnibus, and we read only Section 4 closely. We did not read the codified statutes after amendment.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed North Carolina attorney before acting.