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 SB1147 Enrolled -2- LRB093 09616 WGH 09854 b 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 SB1147 Enrolled -3- LRB093 09616 WGH 09854 b 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.