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H. B. No. 289 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives DeGeeter, Coley
Cosponsors:
Representatives Book, Boose, Murray, Gardner, Evans, Harris, Uecker, Harwood, Gerberry, Letson, Adams, R., Lundy, Luckie, Stebelton, Mecklenborg, Lehner, Ujvagi, Yuko, Phillips, Dodd
A BILL
To amend sections 5301.072 and 5311.191 and to enact
section 5321.131 of the Revised Code to prohibit
condominium associations, neighborhood
associations, and landlords from restricting the
display of blue star banners, gold star banners,
and other service flags, and to prohibit landlords
from restricting the display of the United States
flag.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5301.072 and 5311.191 be amended and
section 5321.131 of the Revised Code be enacted to read as
follows:
Sec. 5301.072. (A) No covenant, condition, or restriction set
forth in a deed, and no rule, regulation, bylaw, or other
governing document or agreement of a homeowners, neighborhood,
civic, or other association, shall prohibit or be construed to
prohibit the any of the following:
(1) The placement on any property of a flagpole that is to be
used for the purpose of displaying, or shall prohibit or be
construed to prohibit the flag of the United States;
(2) The display on any property of, the flag of
the United
States if the flag is displayed in accordance with any
of the
following:
(1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-10,
as
amended, governing the display and use of the flag of the
United
States;
(2)(b) The consent of the property's owner or of any person
having lawful control of the property;
(3)(c) The recommended flagpole standards set forth in "Our
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st
Session (1998);
(4)(d) Any federal law, proclamation of the president of the
United States or the governor, section of the Revised Code, or
local ordinance or resolution.
(3) A service flag approved by the United States secretary of
defense for display in a window of the residence of a member of
the immediate family of an individual serving in the armed forces
of the United States. A service flag includes a blue star banner,
a gold star banner, and any other flag the secretary of defense
designates as a service flag.
(B) A covenant, condition, restriction, rule, regulation,
bylaw, governing document, or agreement or a construction of any
of these items that violates division (A) of this section is
against public policy and unenforceable in any court of this state
to the extent it violates that division.
Sec. 5311.191. (A) No declaration, bylaw, rule, regulation,
or agreement of a condominium property or construction of any of
these items by the board of managers of its unit owners
association shall prohibit do either of the following:
(1) Prohibit the placement of a flagpole that is to
be used
for the purpose of displaying, or shall prohibit the
display of,
the flag of the United States on or within the limited
common
areas and facilities of a unit owner or on the immediately
adjacent exterior of the building in which the unit of a unit
owner is located, if the flag is displayed in accordance with any
of the following:
(1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as
amended, governing the display and use of the flag of the United
States;
(2)(b) The recommended flagpole standards set forth in "Our
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st
Session (1998);
(3)(c) Any federal law, proclamation of the president of the
United States or the governor, section of the Revised Code, or
local ordinance or resolution.
(2) A service flag approved by the United States secretary of
defense for display in a window of the residence of a member of
the immediate family of an individual serving in the armed forces
of the United States. A service flag includes a blue star banner,
a gold star banner, and any other flag the secretary of defense
designates as a service flag.
(B) A declaration, bylaw, rule, regulation, or agreement or
the construction of any of these items that violates division (A)
of this section is against public policy and unenforceable in any
court of this state to the extent it violates that division.
Sec. 5321.131. (A) No landlord shall include any restriction
in a rental agreement, or otherwise prohibit on a tenant's rental
property, either of the following:
(1) The display of the flag of the United States if the flag
is displayed in accordance with any of the following:
(a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as
amended, governing the display and use of the flag of the United
States;
(b)Federal law, state law, or any local ordinance or
resolution;
(c) A proclamation of the president of the United States or
the governor of the state.
(2) The display of a service flag approved by the United
States secretary of defense for display in a window of the
residence of a member of the immediate family of an individual
serving in the armed forces of the United States. A service flag
includes a blue star banner, a gold star banner, and any other
flag the secretary of defense designates as a service flag.
(B) Any violation of this section is against public policy
and unenforceable. Any provision of a rental agreement that
violates this section is an unconscionable term under section
5321.14 of the Revised Code.
Section 2. That existing sections 5301.072 and 5311.191 of
the Revised Code are hereby repealed.
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