I dont see the word flagpole anywhere in this legislation...just
flag....HOA's can make a law that flags will be on a 4 foot rod if they
want....and can even tell you what SIZE flag your allowed!

But yea ...you can fly Old Glory!

This law really dont help that much.


"Richard Clark" wrote in message
...
On Thu, 27 Jul 2006 19:50:29 GMT, "Ken Finney"
wrote:

I believe President Bush just signed a law preventing subdivisions/HOAs
from
prohibiting flagpoles. Sounds like a flagpole antenna now trumps
subdivisions/HOAs!

H. R. 42

One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the third day of
January, two thousand and six

An Act
To ensure that the right of an individual to display the flag of the
United States 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 ``Freedom to Display the American Flag
Act of 2005''.

SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``flag of the United States'' has the meaning given the
term ``flag, standard, colors, or ensign'' under section 3 of title 4,
United States Code;
(2) the terms ``condominium association'' and ``cooperative
association'' have the meanings given such terms under section 604 of
Public Law 96399 (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 96399 (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
96399 (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 associa tion.

SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.
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 flag of the United
States 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. H. R. 42--2
Nothing in this Act shall be considered to permit any display
or use that is inconsistent with--
(1) any provision of chapter 1 of title 4, United States Code, or any
rule or custom pertaining to the proper display or use of the flag of
the United States (as established pursuant to such chapter or any
otherwise applicable provision of law);
or
(2) any reasonable restriction pertaining to the time, place, or
manner of displaying the flag of the United States necessary to
protect a substantial interest of the condominium association,
cooperative association, or residential real estate management
association.


73's
Richard Clark, KB7QHC