CODE OF VIRGINIA

DISPLAY OF THE FLAG OF THE UNITED STATES; NECESSARY SUPPORTING STRUCTURES;
AFFIRMATIVE DEFENSE (§ 55-513.1)

A. In accordance with the federal Freedom to Display the American Flag Act of
2005, no association shall prohibit any lot owner from displaying upon property
to which the lot owner has a separate ownership interest or a right to exclusive
possession or use the flag of the United States whenever such display 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. The association may,
however, establish reasonable restrictions as to the size, place, duration, and
manner of placement or display of the flag on such property provided such
restrictions are necessary to protect a substantial interest 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 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.

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