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.