PRIOR PRINTER'S NO. 921 PRINTER'S NO. 2453
No. 759 Session of 2005
INTRODUCED BY MUSTIO, ARGALL, BALDWIN, BARRAR, BASTIAN,
BELFANTI, BENNINGHOFF, BOYD, CALTAGIRONE, CAPPELLI, CAWLEY,
CLYMER, COSTA, CRAHALLA, CREIGHTON, DALEY, FICHTER, GEIST,
GEORGE, GINGRICH, GOOD, GRELL, HERMAN, HERSHEY, HESS,
JOSEPHS, M. KELLER, KILLION, LEDERER, MANN, MARKOSEK,
S. MILLER, NAILOR, O'NEILL, PAYNE, READSHAW, REICHLEY,
ROBERTS, SAYLOR, SCAVELLO, SCHRODER, SOLOBAY, STABACK, STERN,
R. STEVENSON, E. Z. TAYLOR, THOMAS, TIGUE, TRUE, TURZAI,
WATERS, WATSON, WOJNAROSKI, YOUNGBLOOD, ZUG, ARMSTRONG,
PISTELLA, GILLESPIE, McILHINNEY, DENLINGER, HARPER,
HENNESSEY, RAPP, METCALFE AND PYLE, MARCH 14, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 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.
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:
1 "American flag." The flag of the United States, as defined
2 in 4 U.S.C. § 1 (relating to flag; stripes and stars on) and the
3 Executive Orders entered in connection with that section, made
4 of fabric, cloth or paper displayed from a staff or flagpole or
5 in a window. The term does not include a depiction or emblem of
6 the American flag made of lights, paint, roofing, siding, paving
7 materials, flora or balloons, or any other similar building,
8 landscaping or decorative component.
9 "Association." Any unit owners association in a common
10 interest community, including all condominium, planned community
11 or cooperative associations, as defined in 68 Pa.C.S. §§ 3103
12 (relating to definitions), 4103 (relating to definitions) and
13 5103 (relating to definitions), or in any successor statute.
14 "Commonwealth flag." As described in section 1 of the act of
15 June 13, 1907 (P.L.560, No.373), entitled "An act designating
16 the official flag of the Commonwealth of Pennsylvania, and
17 describing the same; providing for the carrying of such flag by
18 the regiments of the National Guard of Pennsylvania; authorizing
19 the Secretary of the Commonwealth to provide, and have deposited
20 in the office of Secretary of the Commonwealth, a model of said
21 flag, and making an appropriation therefor."
22 "Executive board." The body, regardless of name, designated
23 in the declaration to act on behalf of the association.
24 "Military flag." A flag of any branch of the United States
25 Armed Forces or the Pennsylvania National Guard and POW/MIA
26 flags made of fabric, cloth or paper displayed from a staff or
27 flagpole or in a window. The term does not include a depiction
28 or emblem of a military flag made of lights, paint, roofing,
29 siding, paving materials, flora or balloons, or any other
30 similar building, landscaping or decorative component.
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1 Section 3. Display of American flag, Commonwealth flag and
2 military flag.
3 Notwithstanding any provision in the association's
4 declaration, covenants, bylaws, rules, regulations or other
5 instruments or any construction of any of those instruments by
6 an association's executive board, an association may not
7 prohibit the outdoor display of one American flag, Commonwealth
8 flag or military flag by a unit owner on that unit owner's
9 property, but not on common elements in the community, if the
10 American flag is displayed in a manner consistent with 4 U.S.C.
11 §§ 4 (relating to pledge of allegiance to the flag; manner of
12 delivery) through 10 (relating to modification of rules and
13 customs by President) and a Commonwealth flag or military flag
14 is displayed in accordance with any rules and regulations
15 adopted by the association. An association may adopt rules and
16 regulations, consistent with 4 U.S.C. §§ 4 through 10, regarding
17 the placement and manner of display of the American flag, and an
18 association may adopt rules and regulations regarding the
19 placement and manner of display of a Commonwealth flag or
20 military flag. An association may adopt rules and regulations
21 regarding the location, size and use of a flagpole but cannot
22 prohibit the use of wall brackets to display the American flag,
23 Commonwealth flag and military flag. The size of the American
24 flag, Commonwealth flag and military flag to be flown shall not
25 be larger than five feet by three feet. In addition, any rules
26 and regulations adopted by the association regarding the display
27 of a military flag must permit the flying of such flags, in a
28 respectful way, on President's Day, Iwo Jima Flag Raising Day,
29 Vietnam Veterans Day, V-E Day, Armed Forces Day, Memorial Day,
30 Flag Day, Independence Day, Korean War Veterans Armistice Day,
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1 V-J Day, Patriot's Day, POW/MIA Recognition Day, Veterans Day,
2 Pearl Harbor Day and the birthday of each branch of the United
3 States Armed Forces.
4 Section 4. Effective date.
5 This act shall take effect in 30 days.
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
19 MATERIALS, FLORA OR BALLOONS, OR ANY OTHER SIMILAR BUILDING,
20 LANDSCAPING OR DECORATIVE COMPONENT.
21 "ASSOCIATION." ANY UNIT OWNERS ASSOCIATION IN A COMMON
22 INTEREST COMMUNITY.
23 "COMMON INTEREST COMMUNITY." INCLUDES A COOPERATIVE, A
24 CONDOMINIUM AND A PLANNED COMMUNITY WHERE AN INDIVIDUAL BY
25 VIRTUE OF AN OWNERSHIP INTEREST IN ANY PORTION OF REAL ESTATE IS
26 OR MAY BECOME OBLIGATED BY COVENANT, EASEMENT OR AGREEMENT
27 IMPOSED UPON THE OWNER'S INTEREST TO PAY ANY AMOUNT FOR REAL
28 PROPERTY TAXES, INSURANCE, MAINTENANCE, REPAIR, IMPROVEMENT,
29 MANAGEMENT, ADMINISTRATION OR REGULATION OF ANY PART OF THE REAL
30 ESTATE OTHER THAN THE PORTION OR INTEREST OWNED SOLELY BY THE
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1 INDIVIDUAL.
2 "COMMONWEALTH FLAG." AS DESCRIBED IN SECTION 1 OF THE ACT OF
3 JUNE 13, 1907 (P.L.560, NO.373), ENTITLED "AN ACT DESIGNATING
4 THE OFFICIAL FLAG OF THE COMMONWEALTH OF PENNSYLVANIA, AND
5 DESCRIBING THE SAME; PROVIDING FOR THE CARRYING OF SUCH FLAG BY
6 THE REGIMENTS OF THE NATIONAL GUARD OF PENNSYLVANIA; AUTHORIZING
7 THE SECRETARY OF THE COMMONWEALTH TO PROVIDE, AND HAVE DEPOSITED
8 IN THE OFFICE OF SECRETARY OF THE COMMONWEALTH, A MODEL OF SAID
9 FLAG, AND MAKING AN APPROPRIATION THEREFOR."
10 "EXECUTIVE BOARD." THE BODY, REGARDLESS OF NAME, DESIGNATED
11 IN THE DECLARATION TO ACT ON BEHALF OF THE ASSOCIATION.
12 "MILITARY FLAG." A FLAG OF ANY BRANCH OF THE UNITED STATES
13 ARMED FORCES OR THE PENNSYLVANIA NATIONAL GUARD AND POW/MIA
14 FLAGS MADE OF FABRIC, CLOTH OR PAPER DISPLAYED FROM A STAFF OR
15 FLAGPOLE OR IN A WINDOW. THE TERM 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 3. DISPLAY OF AMERICAN FLAG, COMMONWEALTH FLAG AND
20 MILITARY FLAG.
21 (A) GENERAL RULE.--NOTWITHSTANDING ANY PROVISION IN ITS
22 DECLARATION, COVENANTS, BYLAWS, RULES, REGULATIONS OR OTHER
23 INSTRUMENTS OR ANY CONSTRUCTION OF ANY OF THOSE INSTRUMENTS BY
24 AN ASSOCIATION'S EXECUTIVE BOARD, AN ASSOCIATION MAY NOT
25 PROHIBIT THE OUTDOOR DISPLAY OF ONE AMERICAN FLAG, COMMONWEALTH
26 FLAG OR MILITARY FLAG BY A UNIT OWNER ON THAT UNIT OWNER'S
27 PROPERTY, OR PROPERTY WITHIN THE EXCLUSIVE CONTROL OF A UNIT
28 OWNER OR THAT PORTION OF AN EXTERIOR WALL DIRECTLY ATTACHED TO
29 THE UNIT, IF THE AMERICAN FLAG IS DISPLAYED IN A MANNER
30 CONSISTENT WITH 4 U.S.C. §§ 4 (RELATING TO PLEDGE OF ALLEGIANCE
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1 TO THE FLAG; MANNER OF DELIVERY) THROUGH 10 (RELATING TO
2 MODIFICATION OF RULES AND CUSTOMS BY PRESIDENT) AND A
3 COMMONWEALTH FLAG OR MILITARY FLAG IS DISPLAYED IN ACCORDANCE
4 WITH ANY RULES AND REGULATIONS ADOPTED BY THE ASSOCIATION.
5 (B) SCOPE OF RULES AND REGULATIONS.--AN ASSOCIATION MAY
6 ADOPT RULES AND REGULATIONS:
7 (1) CONSISTENT WITH 4 U.S.C. §§ 4 THROUGH 10, REGARDING
8 THE PLACEMENT AND MANNER OF DISPLAY OF THE AMERICAN FLAG.
9 (2) REGARDING THE PLACEMENT AND MANNER OF DISPLAY OF A
10 COMMONWEALTH FLAG OR MILITARY FLAG.
11 (3) LIMITING OR PROHIBITING THE DISPLAY OF AN AMERICAN
12 FLAG, THE COMMONWEALTH FLAG AND A MILITARY FLAG LARGER THAN
13 FIVE FEET BY THREE FEET.
14 (4) REGARDING THE LOCATION, SIZE AND USE OF A FLAGPOLE
15 PROVIDED THAT THERE IS NO PROHIBITION ON THE USE OF WALL
16 BRACKETS TO DISPLAY THE AMERICAN FLAG, COMMONWEALTH FLAG AND
17 MILITARY FLAG.
18 (5) REGARDING THE DISPLAY OF A MILITARY FLAG, PROVIDED
19 THAT PERMISSION IS GIVEN TO FLY A MILITARY FLAG, IN A
20 RESPECTFUL WAY, ON PRESIDENT'S DAY, IWO JIMA FLAG RAISING
21 DAY, VIETNAM VETERANS DAY, V-E DAY, ARMED FORCES DAY,
22 MEMORIAL DAY, FLAG DAY, INDEPENDENCE DAY, KOREAN WAR VETERANS
23 ARMISTICE DAY, V-J DAY, PATRIOT'S DAY, POW/MIA RECOGNITION
24 DAY, VETERANS DAY, PEARL HARBOR DAY AND THE BIRTHDAY OF EACH
25 BRANCH OF THE UNITED STATES ARMED FORCES.
26 SECTION 19. SEVERABILITY.
27 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF
28 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS
29 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
30 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
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1 THE INVALID PROVISION OR APPLICATION.
2 SECTION 20. EFFECTIVE DATE.
3 THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
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