Blue Star/Gold Star Flag Act of 2010

Blue Star/Gold Star Flag Act of 2010 - States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying a Service Flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. (A Service Flag, also known as a "blue star banner," is an official banner authorized by the Department of Defense [DOD] for display by families who have members serving in the Armed Forces during any period of war or hostilities the United States may be engaged in for the duration of such hostilities.)

States that nothing in this Act shall be considered to permit any display or use inconsistent with: (1) any DOD regulations regarding rules or customs pertaining to the proper display or use of the Service Flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag necessary to protect a substantial interest of the condominium, cooperative, or residential real estate management association.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2546 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2546

 To ensure that the right of an individual to display the Service Flag 
                on residential property not be abridged.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2009

 Mr. Boccieri introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
 To ensure that the right of an individual to display the Service Flag 
                on residential property not be abridged.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blue Star/Gold Star Flag Act of 
2009''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Service Flag'' has the meaning given such 
        term under section 901 of Public Law 105-225 (36 U.S.C. 901);
            (2) the terms ``condominium association'' and ``cooperative 
        association'' have the meanings given such terms under section 
        604 of Public Law 96-399 (15 U.S.C. 3603);
            (3) the term ``residential real estate management 
        association'' has the meaning given such term under section 528 
        of the Internal Revenue Code of 1986 (26 U.S.C. 528); and
            (4) the term ``member''--
                    (A) as used with respect to a condominium 
                association, means an owner of a condominium unit (as 
                defined under section 604 of Public Law 96-399 (15 
                U.S.C. 3603)) within such association;
                    (B) as used with respect to a cooperative 
                association, means a cooperative unit owner (as defined 
                under section 604 of Public Law 96-399 (15 U.S.C. 
                3603)) within such association; and
                    (C) as used with respect to a residential real 
                estate management association, means an owner of a 
                residential property within a subdivision, development, 
                or similar area subject to any policy or restriction 
                adopted by such association.

SEC. 3. RIGHT TO DISPLAY THE SERVICE FLAG.

    A condominium association, cooperative association, or residential 
real estate management association may not adopt or enforce any policy, 
or enter into any agreement, that would restrict or prevent a member of 
the association from displaying the Service Flag on residential 
property within the association with respect to which such member has a 
separate ownership interest or a right to exclusive possession or use.

SEC. 4. LIMITATIONS.

    Nothing in this Act shall be considered to permit any display or 
use that is inconsistent with--
            (1) any regulations prescribed by the United States 
        Secretary of Defense regarding rules or customs pertaining to 
        the proper display or use of the Service Flag; or
            (2) any reasonable restriction pertaining to the time, 
        place, or manner of displaying the Service Flag necessary to 
        protect a substantial interest of the condominium association, 
        cooperative association, or residential real estate management 
        association.
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