What Flag Can I Fly?

Ah yes. Spring is here.

Sunburn, lakefront runners, unique large softball games, outdoor cafes and the ubiquitous "W" flags on condominium balconies laud our hometown National League Team. Although my fandom lies off 35th, it got me to thinking that residents probably need to know what flags they can fly outside their condominium units.

Many condominium documents restrict flag displays. However, the Illinois General Assembly responded in favor of the display of the Red, White and Blue. Long ago, Illinois joined many other states that enacted a special piece of legislation to ensure that the residents of a condominium or townhome can display the American Flag.

Indeed, §18.6 to the Condominium Property Act prohibits condominium associations from adopting or enforcing rules or declaration provisions that prevent an owner or resident from installing a flagpole or displaying the American flag and/or a U.S. military services flag (i.e., a flag of any branch of the U.S. armed forces or the Illinois National Guard) on a unit's limited common element areas or on the exterior of the building adjacent to the unit. I have reproduced the text of that section of the Act for you below.

The Association can still reasonably regulate that flag placement or the flagpole placement, but it cannot be outlawed. Moreover, depictions of the flag, plastic flags and landscaped flag renditions are not protected.

Of course, federal law will also come into play.

Now what about that "W" flag?

Sorry folks, you get no special exemption. You are subject to the Board Rules and Regulations for ANY display of flags of sports teams, foreign countries or other governmental bodies. So, check those condominium documents before you celebrate a Cub win. As always, a thorough condominium attorney can answer these and any other questions you have about those very same docs.

Have a great week.

DRB...



(765 ILCS 605/18.6) 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. (Source: P.A. 93‑481, eff. 1‑1‑04.)