55-79.75:2 - Display of the flag of the United States; necessary supporting structures; affirmative defens...
§ 55-79.75:2. Display of the flag of the United States; necessary supportingstructures; affirmative defense.
A. In accordance with the federal Freedom to Display the American Flag Act of2005, no unit owners' association shall prohibit or otherwise adopt orenforce any policy restricting a unit owner from displaying upon property towhich the unit owner has a separate ownership interest or a right toexclusive possession or use the flag of the United States whenever suchdisplay is in compliance with Chapter 1 of Title 4 of the United States Code,or any rule or custom pertaining to the proper display of the flag. A unitowners' association may, however, establish reasonable restrictions as to thesize, place, duration, and manner of placement or display of the flag on suchproperty provided such restrictions are necessary to protect a substantialinterest of the unit owners' association.
B. The unit owners' association may restrict the display of such flags in thecommon elements.
C. In any action brought by the unit owners' association under § 55-79.80:2for a violation of a flag restriction, the unit owners' association shallbear the burden of proof that the restrictions as to the size, place,duration, and manner of placement or display of such flag are necessary toprotect 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 therequired disclosure of any limitation pertaining to the flag of the UnitedStates or any flagpole or similar structure necessary to display the flag ofthe United States was not contained in the public offering statement orresale certificate, as appropriate, required pursuant to § 55-79.90 or55-79.97.
(2007, cc. 854, 910; 2010, cc. 166, 453.)