093_SB1147ham001

 










                                     LRB093 09616 RLC 15078 a

 1                    AMENDMENT TO SENATE BILL 1147

 2        AMENDMENT NO.     .  Amend Senate Bill 1147 by  replacing
 3    the title with the following:
 4        "AN ACT concerning flags."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Condominium Property Act is  amended  by
 8    adding Section 18.6 as follows:

 9        (765 ILCS 605/18.6 new)
10        Sec. 18.6.  Display of American flag or military flag.
11        (a)  Notwithstanding  any  provision  in the declaration,
12    bylaws,  rules,   regulations,   or   agreements   or   other
13    instruments   of   a  condominium  association  or  a  master
14    association or a common interest community association  or  a
15    board's construction of any of those instruments, a board may
16    not  prohibit  the display of the American flag or a military
17    flag, or both, on or within  the  limited  common  areas  and
18    facilities  of  a  unit  owner or on the immediately adjacent
19    exterior of the building in which the unit of a unit owner is
20    located. A board may adopt reasonable rules and  regulations,
21    consistent with Sections 4 through 10 of Chapter 1 of Title 4
 
                            -2-      LRB093 09616 RLC 15078 a
 1    of the United States Code, regarding the placement and manner
 2    of  display  of  the  American  flag  and  a  board may adopt
 3    reasonable rules and regulations regarding the placement  and
 4    manner  of  display  of  a  military  flag.  A  board may not
 5    prohibit the installation of a flagpole for  the  display  of
 6    the  American  flag or a military flag, or both, on or within
 7    the limited common areas and facilities of a unit owner or on
 8    the immediately adjacent exterior of the  building  in  which
 9    the  unit  of  a unit owner is located, but a board may adopt
10    reasonable rules and regulations regarding the  location  and
11    size of flagpoles.
12        (b)  As used in this Section:
13        "American  flag"  means the flag of the United States (as
14    defined in Section 1 of Chapter 1 of Title 4  of  the  United
15    States  Code  and  the Executive Orders entered in connection
16    with that Section) made of fabric, cloth, or paper  displayed
17    from  a staff or flagpole or in a window, but "American flag"
18    does not include a depiction or emblem of the  American  flag
19    made  of  lights,  paint,  roofing, siding, paving materials,
20    flora,  or  balloons,  or   any   other   similar   building,
21    landscaping, or decorative component.
22        "Board"  includes  a  board  of  managers or a board of a
23    master   association   or   a   common   interest   community
24    association.
25        "Military flag" means a flag of any branch of the  United
26    States  armed  forces  or the Illinois National Guard made of
27    fabric, cloth, or paper displayed from a staff or flagpole or
28    in a window, but "military flag" does not include a depiction
29    or emblem of a military flag made of lights, paint,  roofing,
30    siding,  paving  materials,  flora, or balloons, or any other
31    similar building, landscaping, or decorative component.

32        Section 10.  The General Not For Profit  Corporation  Act
33    of 1986 is amended by adding Section 103.30 as follows:
 
                            -3-      LRB093 09616 RLC 15078 a
 1        (805 ILCS 105/103.30 new)
 2        Sec.  103.30.  Homeowners'  association; American flag or
 3    military flag.
 4        (a)  Notwithstanding any provision in  the  association's
 5    declaration,  covenants, bylaws, rules, regulations, or other
 6    instruments or any construction of any of  those  instruments
 7    by   an  association's  board  of  directors,  a  homeowners'
 8    association incorporated under this Act may not prohibit  the
 9    outdoor  display  of the American flag or a military flag, or
10    both, by a homeowner on  that  homeowner's  property  if  the
11    American  flag  is  displayed  in  a  manner  consistent with
12    Sections 4 through 10 of Chapter 1 of Title 4 of  the  United
13    States  Code  and  a military flag is displayed in accordance
14    with any reasonable rules  and  regulations  adopted  by  the
15    association.  An  association  may adopt reasonable rules and
16    regulations, consistent with Sections 4 through 10 of Chapter
17    1 of Title  4  of  the  United  States  Code,  regarding  the
18    placement  and  manner of display of the American flag and an
19    association  may  adopt  reasonable  rules  and   regulations
20    regarding  the  placement and manner of display of a military
21    flag. An association may not prohibit the installation  of  a
22    flagpole  for  the display of the American flag or a military
23    flag, or both, but the association may adopt reasonable rules
24    and regulations regarding the location and size of flagpoles.
25        (b)  As used in this Section:
26        "American flag" means the flag of the United  States  (as
27    defined  in  Section  1 of Chapter 1 of Title 4 of the United
28    States Code and the Executive Orders  entered  in  connection
29    with  that Section) made of fabric, cloth, or paper displayed
30    from a staff or flagpole or in a window, but "American  flag"
31    does  not  include a depiction or emblem of the American flag
32    made of lights, paint,  roofing,  siding,  paving  materials,
33    flora,   or   balloons,   or   any  other  similar  building,
34    landscaping, or decorative component.
 
                            -4-      LRB093 09616 RLC 15078 a
 1        "Homeowners' association"  includes  a  property  owners'
 2    association,  townhome  association,  and any similar entity,
 3    and "homeowner" includes a townhome owner.
 4        "Military flag" means a flag of any branch of the  United
 5    States  armed  forces  or the Illinois National Guard made of
 6    fabric, cloth, or paper displayed from a staff or flagpole or
 7    in a window, but "military flag" does not include a depiction
 8    or emblem of a military flag made of lights, paint,  roofing,
 9    siding,  paving  materials,  flora, or balloons, or any other
10    similar building, landscaping, or decorative component.".