HB 956 Condominium and Property Owners' Association Acts; establish restrictions on display of U.S. flag.
L. Scott Lingamfelter | all patrons    ...    notes
| add to my profiles
history

Summary as enacted with Governor's Recommendation:
Virginia Condominium Act and the Virginia Property Owners' Association Act; display of the flag of the United States.  Provides that a unit owners' or property owner's association shall not prohibit or otherwise adopt or enforce any policy restricting a unit or lot owner from displaying upon property to which that owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States whenever such display is in compliance with the federal Flag Code. The bill also provides that the unit owners' or property owners' association may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag provided the restrictions are necessary to protect a substantial interest of the unit owners' or property owners' association. Under the bill in an action brought to enforce a rule pertaining to display of the flag, the unit owners' or property owners' association has the burden of proof regarding whether the rule protects a substantial interest of the association.


Summary as introduced:
Virginia Condominium Act and the Virginia Property Owners' Association Act; display of the flag of the United States. Provides that a unit owners' or property owner's association shall not prohibit or otherwise adopt or enforce any policy restricting a unit or lot owner from displaying upon property to which that owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States whenever such display is in compliance with the federal Flag Code. The bill also provides that the unit owners' or property owners' association may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag provided the restrictions are necessary to protect a substantial interest of the unit owners' or property owners' association. Under the bill, if an action is brought by a unit owners' or property owners' association to enforce a rule pertaining to display of the flag, the unit or lot owner may assert as an affirmative defense that the rule does not protect a substantial interest of the association.