New Proposed Flag Legislation

Earlier this year, both the Ohio House of Representatives and the Ohio Senate proposed similar new legislation. The purpose of this new legislation is to amend Ohio Revised Code §5311.191. The current section requires condominiums to allow owners to display the American Flag, provided that the Flag is displayed in accordance with federal law, customs and standards.

The new legislation, namely House Bill 18 and Senate Bill 84, seek to expand the right to display flags to include Ohio flags and service flags. The new language would allow the placement of a flagpole used to display the State flag on or within the limited common elements of a Unit or on the exterior of the building immediately adjacent to the Unit. This language is largely the same as the language used in the statute for the flagpoles used for the display of the American Flag.

In addition, the new language would allow for display of service flags in the window of a Unit for blue star banners, gold star banners, and other service flags. The term “service flags” is defined as any flag the Secretary of Defense designates as a service flag. Service flags are banners that may be displayed in a window by immediate family members of individuals serving in the armed forces.

Both Bills are currently in committee for review. In the event this legislation is adopted, we will keep all of our clients up to date on the new requirements and what is required under the statute.

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