093_SB1147

 
                                     LRB093 09616 WGH 09854 b

 1        AN ACT concerning the American flag.

 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.
 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 on or within
14    the limited common areas and facilities of a unit owner or on
15    the immediately adjacent exterior of the  building  in  which
16    the  unit  of  a  unit  owner  is  located. A board may adopt
17    reasonable rules and regulations, consistent with Sections  4
18    through 10 of Chapter 1 of Title 4 of the United States Code,
19    regarding the placement and manner of display of the American
20    flag. A board may not prohibit the installation of a flagpole
21    for the display of the American flag on or within the limited
22    common  areas  and  facilities  of  a  unit  owner  or on the
23    immediately adjacent exterior of the building  in  which  the
24    unit  of  a  unit  owner  is  located,  but a board may adopt
25    reasonable rules and regulations regarding the  location  and
26    size of flagpoles.
27        (b)  As used in this Section:
28        "American  flag"  means the flag of the United States (as
29    defined in Section 1 of Chapter 1 of Title 4  of  the  United
30    States  Code  and  the Executive Orders entered in connection
31    with that Section) made of fabric, cloth, or paper  displayed
 
                            -2-      LRB093 09616 WGH 09854 b
 1    from  a staff or flagpole or in a window, but "American flag"
 2    does not include a depiction or emblem of the  American  flag
 3    made  of  lights,  paint,  roofing, siding, paving materials,
 4    flora,  or  balloons,  or   any   other   similar   building,
 5    landscaping, or decorative component.
 6        "Board"  includes  a  board  of  managers or a board of a
 7    master   association   or   a   common   interest   community
 8    association.

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

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