SENATORS Robert Gardner, Jordan, Coughlin, Mumper

To enact sections 5301.072 and 5311.191 of the Revised

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Code to declare as against public policy and as

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unenforceable deed restrictions and condominium,

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homeowner, neighborhood, and civic association

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rules, regulations, bylaws, and other governing

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documents to the extent they prohibit the display

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of or the placement of flagpoles for the display of

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the United States flag in certain manners.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5301.072 and 5311.191 of the Revised	9
Code be enacted to read as follows:	10

Sec. 5301.072. (A) No covenant, condition, or restriction set	11
forth in a deed, and no rule, regulation, bylaw, or other	12
governing document or agreement of a homeowners, neighborhood,	13
civic, or other association, shall prohibit or be construed to	14
prohibit the placement on any property of a flagpole that is to be	15
used for the purpose of displaying, or shall prohibit or be	16
construed to prohibit the display on any property of, the flag of	17
the United States if the flag is displayed in accordance with any	18
of the following:	19

(1) The patriotic customs set forth in 4 U.S.C.A. 5-10, as	20
amended, governing the display and use of the flag of the United	21
States;	22

(2) The consent of the property's owner or of any person	23
having lawful control of the property;	24

(3) The recommended flagpole standards set forth in "Our	25
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st	26
Session (1998);	27

(4) Any federal law, proclamation of the president of the	28
United States or the governor, section of the Revised Code, or	29
local ordinance or resolution.	30

(B) A covenant, condition, restriction, rule, regulation,	31
bylaw, governing document, or agreement or a construction of any	32
of these items that violates division (A) of this section is	33
against public policy and unenforceable in any court of this state	34
to the extent it violates that division.	35

Sec. 5311.191. (A) No declaration, bylaw, rule, regulation,	36
or agreement of a condominium property or construction of any of	37
these items by the board of managers of its unit owners	38
association shall prohibit the placement of a flagpole that is to	39
be used for the purpose of displaying, or shall prohibit the	40
display of, the flag of the United States on or within the limited	41
common areas and facilities of a unit owner or on the immediately	42
adjacent exterior of the building in which the unit of a unit	43
owner is located, if the flag is displayed in accordance with any	44
of the following:	45

(1) The patriotic customs set forth in 4 U.S.C.A. 5-10, as	46
amended, governing the display and use of the flag of the United	47
States;	48

(2) The recommended flagpole standards set forth in "Our	49
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st	50
Session (1998);	51

(3) Any federal law, proclamation of the president of the	52
United States or the governor, section of the Revised Code, or	53
local ordinance or resolution.	54

(B) A declaration, bylaw, rule, regulation, or agreement or	55
the construction of any of these items that violates division (A)	56
of this section is against public policy and unenforceable in any	57
court of this state to the extent it violates that division.	58

Section 2. This act does not affect any legally binding	59
covenant, condition, or restriction set forth in a deed recorded	60
before the effective date of this act; any legally binding	61
declaration or bylaw of a condominium property recorded before the	62
effective date of this act; or, to the extent it is contractually	63
or otherwise legally binding on the effective date of this act,	64
any rule, regulation, other type of bylaw, governing document, or	65
agreement referred to in section 5301.072 or 5311.191 of the	66
Revised Code, as enacted by this act, that is in existence on that	67
date.	68