Page:United States Statutes at Large Volume 120.djvu/603

 120 STAT. 572

PUBLIC LAW 109–243—JULY 24, 2006

Public Law 109–243 109th Congress An Act July 24, 2006 [H.R. 42] Freedom to Display the American Flag Act of 2005. 4 USC 5 note. 4 USC 5 note.

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 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. 4 USC 5 note.

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.

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