55-513.1 - Display of the flag of the United States; necessary supporting structures; affirmative defense. - Virginia Statutes

§ 55-513.1. 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 association shall prohibit any lot owner from displaying uponproperty to which the lot owner has a separate ownership interest or a rightto exclusive 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. Theassociation may, however, establish reasonable restrictions as to the size,place, duration, and manner of placement or display of the flag on suchproperty provided such restrictions are necessary to protect a substantialinterest of the association.

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 aflag restriction, the association shall bear the burden of proof that therestrictions as to the size, place, duration, and manner of placement ordisplay of such flag are necessary to protect a substantial interest of theassociation.

D. In any action brought by the association under § 55-513, the lot ownershall be entitled to assert as an affirmative defense that the requireddisclosure of any limitations pertaining to the display of flags or anyflagpole or similar structure necessary to display such flags was notcontained in the disclosure packet required pursuant to § 55-509.5.

(2000, c. 891; 2007, cc. 854, 910; 2008, cc. 851, 871; 2010, cc. 166, 453.)