Bill Text: VA HB956 | 2010 | Regular Session | Enrolled
Bill Title: Condominium and Property Owners' Association Acts; establish restrictions on display of U.S. flag.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2010-03-12 - Governor: Acts of Assembly Chapter text (CHAP0166) [HB956 Detail]
Download: Virginia-2010-HB956-Enrolled.html
Be it enacted by the General Assembly of Virginia: 1. That §§55-79.75:2 and 55-513.1 of the Code of Virginia are amended and reenacted as follows: §55-79.75:2. Display of the flag of the United States; necessary supporting structures; affirmative defense. A. B. The unit owners' association may restrict the display of
such flags in the common elements. C. In any action brought by the unit owners' association under §55-79.80:2 for a violation of a flag restriction, the unit owners' association shall bear the burden of proof that the restrictions as to the size, place, duration, and manner of placement or display of such flag are necessary to protect a substantial interest of the unit owners' association. D. In any action brought by the unit owners' association under §55-79.80:2, the unit owner shall be entitled to assert as an affirmative defense that the required disclosure of any limitation pertaining to the flag of the United States or any flagpole or similar structure necessary to display the flag of the United States was not contained in the public offering statement or resale certificate, as appropriate, required pursuant to §55-79.90 or 55-79.97. §55-513.1. Display of the flag of the United States; necessary supporting structures; affirmative defense. A. B. The association may restrict the display of such flag in
the common areas C. In any action brought by the association under §55-513 for violation of a flag restriction, the association shall bear the burden of proof that the restrictions as to the size, place, duration, and manner of placement or display of such flag are necessary to protect a substantial interest of the association. D. In any action brought by the association under § 55-513, the lot owner shall be entitled to assert as an affirmative defense that the required disclosure of any limitations pertaining to the display of flags or any flagpole or similar structure necessary to display such flags was not contained in the disclosure packet required pursuant to §55-509.5. |