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§ 14-128. Right of homeowner or tenant to display United States flag

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 14. Miscellaneous Rules (Refs & Annos)
Subtitle 1. Miscellaneous Rules
MD Code, Real Property, § 14-128
§ 14-128. Right of homeowner or tenant to display United States flag
Application of section
(a) The provisions of this section shall apply to any residential property, including property that is subject to the provisions of:
(1) Title 8, Title 8A, Title 11, Title 11A, or Title 11B of this article; or
(2) Title 5, Subtitle 6B of the Corporations and Associations Article.
Display of portable, removable flags of the United States
(b) Regardless of the terms of any contract, deed, covenant, restriction, instrument, declaration, rule, bylaw, lease agreement, rental agreement, or any other document concerning the display of flags or decorations by a homeowner or tenant on residential property, a homeowner or tenant may not be prohibited from displaying on the premises of the property in which the homeowner or tenant is entitled to reside one portable, removable flag of the United States in a respectful manner, consistent with 4 U.S.C. §§ 4 through 10, as amended, and subject to reasonable rules and regulations adopted pursuant to subsection (d) of this section.
Terms of contracts and other documents
(c) The terms of any contract, deed, covenant, restriction, instrument, declaration, rule, bylaw, lease agreement, rental agreement, or any other document concerning the display of flags or decorations by a homeowner or tenant on residential property may not prohibit or unduly restrict the right of a homeowner or tenant to display on the premises of the property in which the homeowner or tenant is entitled to reside one portable, removable flag of the United States in a respectful manner, consistent with 4 U.S.C. §§ 4 through 10, as amended, and subject to reasonable rules and regulations adopted under subsection (d) of this section.
Rules and regulations relating to placement a display of flag
(d)(1) Subject to paragraph (2) of this subsection, the board of directors of a condominium, homeowners association, or housing cooperative, or a landlord may adopt reasonable rules and regulations regarding the placement and manner of display of the flag of the United States and a flagpole used to display the flag of the United States on the premises of the property in which the homeowner or tenant is entitled to reside.
(2) Before adopting any rules or regulations under paragraph (1) of this subsection, the board of directors of the condominium, homeowners association, or housing cooperative, or the landlord shall:
(i) Hold an open meeting on the proposed rules and regulations for the purpose of providing affected homeowners and tenants an opportunity to be heard; and
(ii) Provide advance notice of the time and place of the open meeting by publishing the notice in a community newsletter, on a community bulletin board, by means provided in the documents governing the condominium, homeowners association, or housing cooperative, or in the lease, or by other means reasonably calculated to inform the affected homeowners and tenants.

Credits

Added by Acts 2004, c. 529, § 1, eff. Oct. 1, 2004. Amended by Acts 2005, c. 25, § 1, eff. April 12, 2005.
MD Code, Real Property, § 14-128, MD REAL PROP § 14-128
Current through all legislation from the 2019 Regular Session of the General Assembly.
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