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805 ILCS 105/103.30
(805 ILCS 105/103.30)
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.
(Source: P.A. 93-481, eff. 1-1-04.)
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