093_SB1147enr

 
SB1147 Enrolled                      LRB093 09616 WGH 09854 b

 1        AN ACT concerning flags.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Condominium  Property Act is amended by
 5    adding Section 18.6 as follows:

 6        (765 ILCS 605/18.6 new)
 7        Sec. 18.6.  Display of American flag or military flag.
 8        (a)  Notwithstanding any provision  in  the  declaration,
 9    bylaws,   rules,   regulations,   or   agreements   or  other
10    instruments  of  a  condominium  association  or   a   master
11    association  or  a common interest community association or a
12    board's construction of any of those instruments, a board may
13    not prohibit the display of the American flag or  a  military
14    flag,  or  both,  on  or  within the limited common areas and
15    facilities of a unit owner or  on  the  immediately  adjacent
16    exterior of the building in which the unit of a unit owner is
17    located.  A board may adopt reasonable rules and regulations,
18    consistent with Sections 4 through 10 of Chapter 1 of Title 4
19    of the United States Code, regarding the placement and manner
20    of display of  the  American  flag  and  a  board  may  adopt
21    reasonable  rules and regulations regarding the placement and
22    manner of display  of  a  military  flag.  A  board  may  not
23    prohibit  the  installation  of a flagpole for the display of
24    the American flag or a military flag, or both, on  or  within
25    the limited common areas and facilities of a unit owner or on
26    the  immediately  adjacent  exterior of the building in which
27    the unit of a unit owner is located, but a  board  may  adopt
28    reasonable  rules  and regulations regarding the location and
29    size of flagpoles.
30        (b)  As used in this Section:
31        "American flag" means the flag of the United  States  (as
 
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 1    defined  in  Section  1 of Chapter 1 of Title 4 of the United
 2    States Code and the Executive Orders  entered  in  connection
 3    with  that Section) made of fabric, cloth, or paper displayed
 4    from a staff or flagpole or in a window, but "American  flag"
 5    does  not  include a depiction or emblem of the American flag
 6    made of lights, paint,  roofing,  siding,  paving  materials,
 7    flora,   or   balloons,   or   any  other  similar  building,
 8    landscaping, or decorative component.
 9        "Board" includes a board of managers  or  a  board  of  a
10    master   association   or   a   common   interest   community
11    association.
12        "Military  flag" means a flag of any branch of the United
13    States armed forces or the Illinois National  Guard  made  of
14    fabric, cloth, or paper displayed from a staff or flagpole or
15    in a window, but "military flag" does not include a depiction
16    or  emblem of a military flag made of lights, paint, roofing,
17    siding, paving materials, flora, or balloons,  or  any  other
18    similar building, landscaping, or decorative component.

19        Section  10.  The  General Not For Profit Corporation Act
20    of 1986 is amended by adding Section 103.30 as follows:

21        (805 ILCS 105/103.30 new)
22        Sec. 103.30.  Homeowners' association; American  flag  or
23    military flag.
24        (a)  Notwithstanding  any  provision in the association's
25    declaration, covenants, bylaws, rules, regulations, or  other
26    instruments  or  any construction of any of those instruments
27    by  an  association's  board  of  directors,  a   homeowners'
28    association  incorporated under this Act may not prohibit the
29    outdoor display of the American flag or a military  flag,  or
30    both,  by  a  homeowner  on  that homeowner's property if the
31    American flag  is  displayed  in  a  manner  consistent  with
32    Sections  4  through 10 of Chapter 1 of Title 4 of the United
 
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 1    States Code and a military flag is  displayed  in  accordance
 2    with  any  reasonable  rules  and  regulations adopted by the
 3    association. An association may adopt  reasonable  rules  and
 4    regulations, consistent with Sections 4 through 10 of Chapter
 5    1  of  Title  4  of  the  United  States  Code, regarding the
 6    placement and manner of display of the American flag  and  an
 7    association   may  adopt  reasonable  rules  and  regulations
 8    regarding the placement and manner of display of  a  military
 9    flag.  An  association may not prohibit the installation of a
10    flagpole for the display of the American flag or  a  military
11    flag, or both, but the association may adopt reasonable rules
12    and regulations regarding the location and size of flagpoles.
13        (b)  As used in this Section:
14        "American  flag"  means the flag of the United States (as
15    defined in Section 1 of Chapter 1 of Title 4  of  the  United
16    States  Code  and  the Executive Orders entered in connection
17    with that Section) made of fabric, cloth, or paper  displayed
18    from  a staff or flagpole or in a window, but "American flag"
19    does not include a depiction or emblem of the  American  flag
20    made  of  lights,  paint,  roofing, siding, paving materials,
21    flora,  or  balloons,  or   any   other   similar   building,
22    landscaping, or decorative component.
23        "Homeowners'  association"  includes  a  property owners'
24    association, townhome association, and  any  similar  entity,
25    and "homeowner" includes a townhome owner.
26        "Military  flag" means a flag of any branch of the United
27    States armed forces or the Illinois National  Guard  made  of
28    fabric, cloth, or paper displayed from a staff or flagpole or
29    in a window, but "military flag" does not include a depiction
30    or  emblem of a military flag made of lights, paint, roofing,
31    siding, paving materials,  flora, or  balloons,  or any other
 
SB1147 Enrolled            -4-       LRB093 09616 WGH 09854 b
 1    similar building, landscaping, or decorative component.