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Old 06-27-2011, 03:22 PM   #3
mimartin
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Like I wrote the article is one of the most bias I've ever seen right down to leaving out the part of the Ohio Revised Code - Title LIII Real Property - Section 5301.072 Deed restrictions prohibiting placement of flag unenforceable covering that.

Quote:
Ohio Revised Code - Title LIII Real Property - Section 5301.072 Deed restrictions prohibiting placement of flag unenforceable.

Legal Research Home > Ohio Laws > Real Property > Ohio Revised Code - Title LIII Real Property - Section 5301.072 Deed restrictions prohibiting placement of flag unenforceable.

(A) No covenant, condition, or restriction set forth in a deed, and no rule, regulation, bylaw, or other governing document or agreement of a homeowners, neighborhood, civic, or other association, shall prohibit or be construed to prohibit the placement on any property of a flagpole that is to be used for the purpose of displaying, or shall prohibit or be construed to prohibit the display on any property of, the flag of the United States if the flag is displayed in accordance with any of the following:

(1) The patriotic customs set forth in 4 U.S.C.A. 5-10, as amended, governing the display and use of the flag of the United States;

(2) The consent of the property's owner or of any person having lawful control of the property;

(3) The recommended flagpole standards set forth in "Our Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st Session (1998);

(4) Any federal law, proclamation of the president of the United States or the governor, section of the Revised Code, or local ordinance or resolution.

(B) A covenant, condition, restriction, rule, regulation, bylaw, governing document, or agreement or a construction of any of these items that violates division (A) of this section is against public policy and unenforceable in any court of this state to the extent it violates that division.

Effective Date: 04-07-2003
HOAs by law have limited control over the property. So as much as I hate Homeowner Associations, it seems at least to me that they are not violating the Ohio Law quoted by the FoxNews article to me. At least not when I read the entire statute. Also by purchasing the home, Mr. Quigley entered an legal agreement with the HOA.

Last edited by mimartin; 06-27-2011 at 03:31 PM.
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