Fly Old Glory with Pride!

[C-pher]

http://www.thekansascitychannel.com/politics/9570996/detail.html

Law Says Homeowner Groups Can't Bar Flag Flying

POSTED: 10:09 am CDT July 25, 2006
UPDATED: 11:25 am CDT July 25, 2006

WASHINGTON -- President George W. Bush signed a bill on Monday that would bar condominium and homeowner associations from restricting how the American flag can be displayed.

Sponsored by Rep. Roscoe Bartlett, R-Md., the resolution would prohibit those groups from preventing residents from displaying an American flag on their own property.

It was passed unanimously by both the House and the Senate.

"Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation," Bush said in a statement.

"As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens right to express their patriotism here at home without burdensome restrictions," Bush said.

This is good as I've known some people that thier HOA won't let them have it up all the time. They said that they have a flag in the common area. That the Home owners are allowed to put up thier flag on a set list of holidays.

This will put a stop to that! Good for our administration!

 

[Adam_MA]

Cool!

Be funny if all the family's were flying American flags, and one family flew a Mexican flag, and the HOA told them they had to take it down!

 

[Len-2A Training]

Cool!

Be funny if all the family's were flying American flags, and one family flew a Mexican flag, and the HOA told them they had to take it down!

They'd never do that . . . it would discriminate against a minority and the ACLU would be all over them in a heartbeat!

 

[Admin]

I wonder if my HOA will allow me to fly this now.

 

[Jaxon]

"Sponsored by Rep. Roscoe Bartlett, R-Md., the resolution would prohibit those groups from preventing residents from displaying an American flag on their own property."

An interesting phraseology. I live in a condo and the outside isn't considered "my" property, but common property. Therefore I still can't put up a flag holder to show the flag.

RJ

 

[Pilgrim]

"Sponsored by Rep. Roscoe Bartlett, R-Md., the resolution would prohibit those groups from preventing residents from displaying an American flag on their own property."

An interesting phraseology. I live in a condo and the outside isn't considered "my" property, but common property. Therefore I still can't put up a flag holder to show the flag.

RJ

Put the flag pole mount on the side of the house. I would assume that the shutters on the house are yours. The door bell button is yours, etc.

I'm sure that the outside of the house is your property.

 

[Adam_MA]

Don't assume...

Most condo contracts, state that you own from the inside walls in, and that's it!

 

[Jaxon]

Don't assume...

Most condo contracts, state that you own from the inside walls in, and that's it!

Correct. I live in a townhouse type unit that is joined together with other units. The actual "outside" of the units are common area. I suppose I could hang one out a window.

Nice law, not very useful for most actual condo units.

RJ

 

[JRyan]

"Sponsored by Rep. Roscoe Bartlett, R-Md., the resolution would prohibit those groups from preventing residents from displaying an American flag on their own property."

An interesting phraseology. I live in a condo and the outside isn't considered "my" property, but common property. Therefore I still can't put up a flag holder to show the flag.

RJ

Is that exactly how the actual resolution is phrased, or just the description...?

I bet the law is a lot more precise.

+1 for the administration.

 

[Bruce for NH State Rep]

Don't assume...

Most condo contracts, state that you own from the inside walls in, and that's it!

I hadn't thought of that. We're in the process of converting our two-family house in Boston to condos, and so far, there's nothing in the condo docs addressing the flagpole on the front porch column.

I gotta fix that.

I can imagine a couple buying the downstairs unit and puttin up a UN flag next to the Stars and Stripes.

EXTERIOR FLAGPOLE:

Only the flag of the United States of America shall be flown from the flagpole attached to the front porch column. No other flags or flagpoles will be permitted on the outside of the house, or on the exterior property.

It shall be the responsibility of the Condo Association to replace the flag should it be damaged by either the elements or vandalism. Said vandals, if apprehended, shall be summarily beaten to death with a Wiffle Bat, and entombed in the concrete slab of the basement floor.

Only an exterior quality (stitched, not printed) flag will be permitted.

Think that should do it?

 

[LoginName]

Full text of HR 42 RFS....


Freedom to Display the American Flag Act of 2005 (Referred to Senate Committee after being Received from House)

HR 42 RFS

109th CONGRESS

2d Session

H. R. 42

IN THE SENATE OF THE UNITED STATES

June 28, 2006

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT

To ensure that the right of an individual to display the flag of the United States on residential property not be abridged.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Freedom to Display the American Flag Act of 2005'.

SEC. 2. DEFINITIONS.

For purposes of this Act--

(1) the term `flag of the United States' has the meaning given the term `flag, standard, colors, or ensign' under section 3 of title 4, United States Code;

(2) the terms `condominium association' and `cooperative association' have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603);

(3) the term `residential real estate management association' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and

(4) the term `member'--

(A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association;

(B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and

(C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.

SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

SEC. 4. LIMITATIONS.

Nothing in this Act shall be considered to permit any display or use that is inconsistent with--

(1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or

(2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

Passed the House of Representatives June 27, 2006.

Attest:

KAREN L. HAAS,

Clerk.


A couple of observations...

That last section could be open to broad interpretation by the HOA.

The resolution only applies to the American flag so, no USMC, Jolly Roger or Rainbow, etc flags are protected.

I'm not 100% certain if this is enforcible or will even pass muster in a court review.

Where does Congress get the power/authorization to set HOA/condominium rules? (other than laws/regulations that apply to banking, lending, partnerships, etc).

 

[Jaxon]

"A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use."

Seems the official/legal phraseology isn't much better. The outside of the condo is not seperately owner, nor a right to exclusive possession. (I think).

And knowing the facists that run our Condo Association, they'd be on me like white on rice. Especially since we get along so well anyway.

Nice effort, but low grades in useablility.

RJ

 

[Pilgrim]

Jaxon,

Put one up, let them fuss, show them the law..

See if they can come up with an exception. Even if it goes against you, it'll put their shorts in a twist for a while !

 

[C-pher]

Jaxon,

Put one up, let them fuss, show them the law..

See if they can come up with an exception. Even if it goes against you, it'll put their shorts in a twist for a while !

Agreed! The worst that's going to happen is that they make you take it down.

 

[dwarven1]

And knowing the facists that run our Condo Association, they'd be on me like white on rice. Especially since we get along so well anyway.

Heh. Jaxon, fly that flag!

If they object, show 'em the new law. If they persist... call the Boston Herald. (you could try the Globe, but I doubt they'd care.) Give them some really unwanted publicity.

"Never give up; never surrender!" If you're gonna go down, might as well go down in flames gloriously.

 

[securityboy]

#1 I have no objection to the flag or anything like that...

That said I can't say I like this law, not for what it does (allow people to fly the flag), but for what it is (government sticking its nose into private contracts)...

If you live in a development with a HOA or condo with an association, that prohibits flags, that was a choice (to live there/with those rules) you made/you agreed to when you bought your property. Your deed (with any restrictions) is a contract between you and the previous owner, now the government is changing that agreement...

 

[Jaxon]

Guys, I appreciate the encouragement and am planning to push the envelope, but as I mentioned before, the condo facists' panties are in a permanent knot with me and my wife over a host of issues.

Who knows, one more may cause them to implode.

RJ

 

[JonJ]

#1 I have no objection to the flag or anything like that...

That said I can't say I like this law, not for what it does (allow people to fly the flag), but for what it is (government sticking its nose into private contracts)...

If you live in a development with a HOA or condo with an association, that prohibits flags, that was a choice (to live there/with those rules) you made/you agreed to when you bought your property. Your deed (with any restrictions) is a contract between you and the previous owner, now the government is changing that agreement...

+1

 

[dwarven1]

the condo facists' panties are in a permanent knot with me and my wife over a host of issues.

Who knows, one more may cause them to implode.

And that would be a bad thing?

 

[Jaxon]

And that would be a bad thing?

Nope,

RJ

 

[matt]

While I love the sentament of this, is this really a matter for the Federal Government? Isn't this just more big Gov't? If some developer uses his $$ to start a condo develpment why shouldn't he be able to set the rules as the owner/manager, even if they are stupid rules. Its a private company. The federal government has no business in this.

Sorry guys...

edit: I see if I had read far enough securityboy already made this point... +1 for him!