PRINTER'S NO. 73
No. 82 Session of 2005
INTRODUCED BY GREENLEAF, EARLL, KITCHEN, RAFFERTY, LOGAN, COSTA,
CORMAN, KASUNIC, LEMMOND, TARTAGLIONE, ORIE, O'PAKE, BOSCOLA,
STACK AND REGOLA, JANUARY 31, 2005
REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 31, 2005
AN ACT
1 Providing for the display of the American flag, Commonwealth
2 flag or military flag by residents in a unit owners
3 association, homeowners association or master association.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the American,
8 Commonwealth and Military Flag Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "American flag." The flag of the United States, as defined
14 in 4 U.S.C. § 1 (relating to flag; stripes and stars on) and the
15 Executive Orders entered in connection with that section, made
16 of fabric, cloth or paper displayed from a staff or flagpole or
17 in a window. The term does not include a depiction or emblem of
18 the American flag made of lights, paint, roofing, siding, paving
1 materials, flora or balloons, or any other similar building,
2 landscaping or decorative component.
3 "Association." Any unit owners association in a common
4 interest community, including all condominium, planned community
5 or cooperative associations, as defined in 68 Pa.C.S. §§ 3103
6 (relating to definitions), 4103 (relating to definitions) and
7 5103 (relating to definitions), or in any successor statute.
8 "Commonwealth flag." As described in section 1 of the act of
9 June 13, 1907 (P.L.560, No.373), entitled "An act designating
10 the official flag of the Commonwealth of Pennsylvania, and
11 describing the same; providing for the carrying of such flag by
12 the regiments of the National Guard of Pennsylvania; authorizing
13 the Secretary of the Commonwealth to provide, and have deposited
14 in the office of Secretary of the Commonwealth, a model of said
15 flag, and making an appropriation therefor."
16 "Executive board." The body, regardless of name, designated
17 in the declaration to act on behalf of the association.
18 "Military flag." A flag of any branch of the United States
19 Armed Forces or the Pennsylvania National Guard and POW/MIA
20 flags made of fabric, cloth or paper displayed from a staff or
21 flagpole or in a window. The term does not include a depiction
22 or emblem of a military flag made of lights, paint, roofing,
23 siding, paving materials, flora or balloons, or any other
24 similar building, landscaping or decorative component.
25 Section 3. Display of American flag, Commonwealth flag and
26 military flag.
27 Notwithstanding any provision in the association's
28 declaration, covenants, bylaws, rules, regulations or other
29 instruments or any construction of any of those instruments by
30 an association's executive board, an association may not
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1 prohibit the outdoor display of one American flag, Commonwealth
2 flag or military flag, by a unit owner on that unit owner's
3 property, but not on common elements in the community, if the
4 American flag is displayed in a manner consistent with 4 U.S.C.
5 §§ 4 (relating to pledge of allegiance to the flag; manner of
6 delivery) through 10 (relating to modification of rules and
7 customs by President) and a Commonwealth flag or military flag
8 is displayed in accordance with any rules and regulations
9 adopted by the association. An association may adopt rules and
10 regulations, consistent with 4 U.S.C. §§ 4 through 10, regarding
11 the placement and manner of display of the American flag, and an
12 association may adopt rules and regulations regarding the
13 placement and manner of display of a Commonwealth flag or
14 military flag. An association may adopt rules and regulations
15 regarding the location, size and use of a flagpole but cannot
16 prohibit the use of wall brackets to display the American flag,
17 Commonwealth flag and military flag. The size of the American
18 flag, Commonwealth flag and military flag to be flown shall not
19 be larger than five feet by three feet. In addition, any rules
20 and regulations adopted by the association regarding the display
21 of a military flag must permit the flying of such flags, in a
22 respectful way, on President's Day, Iwo Jima Flag Raising Day,
23 Vietnam Veterans Day, V-E Day, Armed Forces Day, Memorial Day,
24 Flag Day, Independence Day, Korean War Veterans Armistice Day,
25 V-J Day, Patriot's Day, POW/MIA Recognition Day, Veterans Day,
26 Pearl Harbor Day and the birthday of each branch of the United
27 States Armed Forces.
28 Section 4. Effective date.
29 This act shall take effect in 30 days.
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