Illinois General Assembly - Full Text of Public Act 093-0481
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Public Act 093-0481


 

Public Act 93-0481 of the 93rd General Assembly


Public Act 93-0481

SB1147 Enrolled                      LRB093 09616 WGH 09854 b

    AN ACT concerning flags.

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

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

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

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

    (805 ILCS 105/103.30 new)
    Sec.  103.30.  Homeowners'  association; American flag or
military flag.
    (a)  Notwithstanding any provision in  the  association's
declaration,  covenants, bylaws, rules, regulations, or other
instruments or any construction of any of  those  instruments
by   an  association's  board  of  directors,  a  homeowners'
association incorporated under this Act may not prohibit  the
outdoor  display  of the American flag or a military flag, or
both, by a homeowner on  that  homeowner's  property  if  the
American  flag  is  displayed  in  a  manner  consistent with
Sections 4 through 10 of Chapter 1 of Title 4 of  the  United
States  Code  and  a military flag is displayed in accordance
with any reasonable rules  and  regulations  adopted  by  the
association.  An  association  may adopt reasonable rules and
regulations, consistent with Sections 4 through 10 of Chapter
1 of Title  4  of  the  United  States  Code,  regarding  the
placement  and  manner of display of the American flag and an
association  may  adopt  reasonable  rules  and   regulations
regarding  the  placement and manner of display of a military
flag. An association may not prohibit the installation  of  a
flagpole  for  the display of the American flag or a military
flag, or both, but the association may adopt reasonable rules
and regulations regarding the location and size of flagpoles.
    (b)  As used in this Section:
    "American flag" means the flag of the United  States  (as
defined  in  Section  1 of Chapter 1 of Title 4 of the United
States Code and the Executive Orders  entered  in  connection
with  that Section) made of fabric, cloth, or paper displayed
from a staff or flagpole or in a window, but "American  flag"
does  not  include a depiction or emblem of the American flag
made of lights, paint,  roofing,  siding,  paving  materials,
flora,   or   balloons,   or   any  other  similar  building,
landscaping, or decorative component.
    "Homeowners' association"  includes  a  property  owners'
association,  townhome  association,  and any similar entity,
and "homeowner" includes a townhome owner.
    "Military flag" means a flag of any branch of the  United
States  armed  forces  or the Illinois National Guard made of
fabric, cloth, or paper displayed from a staff or flagpole or
in a window, but "military flag" does not include a depiction
or emblem of a military flag made of lights, paint,  roofing,
siding, paving materials,  flora, or  balloons,  or any other
similar building, landscaping, or decorative component.

Effective Date: 1/1/2004