What Proposed Changes to Ohio’s Flag Laws Mean for Condominium Associations
A recently-proposed bill in the Ohio Senate – S. B. No. 84 – seeks to amend certain portions of the Ohio Revised Code that prohibit manufactured home park operators, condominium associations, neighborhood associations, and landlords from restricting the display of Ohio, U.S., and other specified flags. Of relevance to condominium associations, S. B. No. 84 seeks to modify Section 5311.191(A) of the Ohio Revised Code to expand its scope. In its current form, Section 5311.191(A) only protects the display of the U.S. flag. S. B. No. 84, if enacted, will give the flag of the State of Ohio and service flags the same protections at U.S. flags. A service flag is a flag issued by the Secretary of Defense to the immediate family of an individual serving in the armed forces of the U.S. Service flags typically include a blue star banner, a gold star banner, and any other flag designated by the Secretary of Defense as a service flag.
Accordingly, if passed, S.B. No. 84 will amend Section 5311.191(A) of the Ohio Revised Code to state that no declaration, bylaw, rule, regulation, or agreement, or any of these documents as interpreted by a condominium association’s board of directors, shall prohibit (1) the placement of a flagpole that is to be used for the purpose of displaying a U.S. or State of Ohio flag in the limited common areas and facilities of a unit owner on the area immediately adjacent to the exterior of the building in which the unit of that unit owner is located, if the flag is displayed in accordance with certain federal law and standards or local ordinance or resolution, or (2) the display of a service flag in a window of the residence of a member of the immediate family of an individual serving in the U.S. armed forces.
If your Board has any questions about the progress of this legislation, please contact Williams & Strohm, LLC. We would be happy to answer your questions.
Charles T. Williams
Charles T. Williams is the founder and a principal in the firm. A native of Columbus, Ohio, and a veteran of the Vietnam war, Mr. Williams earned his law degree from Boston College Law School. He is widely recognized as one of Ohio’s foremost attorneys practicing homeowner association law and condominium law. Read Charles T. Williams's full bio.