HOUSE DOCKET, NO. 2039        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1309

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David K. Muradian, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the display of the flag of the United States by condominium unit owners.

_______________

PETITION OF:

 

Name:

District/Address:

David K. Muradian, Jr.

9th Worcester

Donald R. Berthiaume, Jr.

5th Worcester

William L. Crocker, Jr.

2nd Barnstable

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

Patricia A. Haddad

5th Bristol

Kate Hogan

3rd Middlesex

Steven S. Howitt

4th Bristol

Randy Hunt

5th Barnstable

Joseph D. McKenna

18th Worcester

Mathew J. Muratore

1st Plymouth

Elizabeth A. Poirier

14th Bristol

Alyson M. Sullivan

7th Plymouth

Timothy R. Whelan

1st Barnstable


HOUSE DOCKET, NO. 2039        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1309

By Mr. Muradian of Grafton, a petition (accompanied by bill, House, No. 1309) of David K. Muradian, Jr., and others relative to the display of the flag of the United States by certain condominium owners.  Housing.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3985 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to the display of the flag of the United States by condominium unit owners.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 183A of the General Laws is hereby amended by adding the following section:-

Section 24. (a) For the purposes of this section, the term `flag of the United States' has the meaning given the term `flag, standard, colors, or ensign' under section 3 of title 4 of the United States Code.

(b) No corporation, trust or unincorporated association provided for in the master deed for the management and regulation of a condominium shall prohibit a unit owner from: (i) flying or displaying the flag of the United States on a flagpole, base or stand affixed to the unit in a limited common area where the unit owner has a right of exclusive possession or use; or from (ii) displaying an official flag of the United States Armed Forces or a Prisoner of War/Missing in Action flag in a window of the unit; provided, that any such flag shall be no larger than 4.5 feet by 6 feet in size; provided, further, that the display or use is not inconsistent with any provision of chapter 1 of title 4 of the United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States; and provided, further, that such flag does not obstruct the sightlines of other unit owners and is not erected within or upon an easement restricting or prohibiting such erection and display of the flag.

(c) No corporation, trust or unincorporated association provided for in the master deed for the management and regulation of a condominium shall enter into an agreement with a unit owner that would restrict or impair their right to display the flag of the United States or of the United States Armed Forces, or Prisoner of War/Missing in Action pursuant to this section.