Pennsylvania Act 2006-93 — AMERICAN, COMMONWEALTH AND MILITARY FLAG ACT

Act text

AMERICAN, COMMONWEALTH AND MILITARY FLAG ACT
                  Act of Jul. 7, 2006, P.L. 608, No. 93               Cl. 38
                                  AN ACT

     Providing for the display of the American flag, Commonwealth
        flag or military flag by residents in a unit owners
        association, homeowners association or master association.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the American,
     Commonwealth and Military Flag Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "American flag."  The flag of the United States, as defined
     in 4 U.S.C. § 1 (relating to flag; stripes and stars on) 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. The term 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.
        "Association."  Any unit owners association in a common
     interest community.
        "Cemetery."  A place for the disposal or burial of deceased
     human beings by cremation or in a grave, mausoleum, vault,
     columbarium or other receptacle, but the term does not include a
     private family cemetery.
        "Cemetery entity."  Any person or entity, including a
     cemetery company or association, who either:
            (1)  offers or sells to the public the ownership or the
        right to use any cemetery lot; or
            (2)  maintains lots within a cemetery.
        "Common interest community."  Includes a cooperative, a
     condominium and a planned community where an individual by
     virtue of an ownership interest in any portion of real estate is
     or may become obligated by covenant, easement or agreement
     imposed upon the owner's interest to pay any amount for real
     property taxes, insurance, maintenance, repair, improvement,
     management, administration or regulation of any part of the real
     estate other than the portion or interest owned solely by the
     individual.
        "Commonwealth flag."  The flag of the Commonwealth as
     described in section 1 of the act of June 13, 1907 (P.L.560,
     No.373), entitled "An act designating the official flag of the
     Commonwealth of Pennsylvania, and describing the same; providing
     for the carrying of such flag by the regiments of the National
     Guard of Pennsylvania; authorizing the Secretary of the
     Commonwealth to provide, and have deposited in the office of
     Secretary of the Commonwealth, a model of said flag, and making
     an appropriation therefor." The term does not include a
     depiction or emblem of the flag of the Commonwealth made of
     lights, paint, roofing, siding, paving materials, flora or
     balloons, or any other similar building, landscaping or
     decorative component.
        "Executive board."  The body, regardless of name, designated
     in the declaration to act on behalf of the association.
        "Lot" or "lots."  Includes a lot, plot or part of a cemetery.
        "Military flag."  A flag of any branch of the United States
     Armed Forces or the Pennsylvania National Guard and POW/MIA
     flags made of fabric, cloth or paper displayed from a staff or
     flagpole or in a window. The term 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.
        "Unit owner."  Any unit owner in a common interest community.
     The term shall include any proprietary lessee in a cooperative
     as defined in 68 Pa.C.S. § 4103 (relating to definitions) or in
     any successor statute.
     Section 3.  Display of American flag, Commonwealth flag and
                    military flag.
        (a)  General rule.--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 executive board, an association
     may not prohibit the outdoor display of one American flag,
     Commonwealth flag and military flag by a unit owner on that unit
     owner's property or property within the exclusive control of a
     unit owner or that portion of an exterior wall directly attached
     to the unit if the American flag is displayed in a manner
     consistent with 4 U.S.C. §§ 4 (relating to pledge of allegiance
     to the flag; manner of delivery) through 10 (relating to
     modification of rules and customs by President) and a
     Commonwealth flag or military flag is displayed in accordance
     with any rules and regulations adopted by the association. An
     association may adopt rules and regulations, consistent with 4
     U.S.C. §§ 4 through 10, regarding the placement and manner of
     display of the American flag, and an association may adopt rules
     and regulations regarding the placement and manner of display of
     a Commonwealth flag or military flag. An association may adopt
     rules and regulations regarding the location, size and use of a
     flagpole but cannot prohibit the use of wall brackets to display
     the American flag, Commonwealth flag and military flag. The size
     of the American flag, Commonwealth flag and military flag to be
     flown shall not be larger than five feet by three feet. In
     addition, any rules and regulations adopted by the association
     regarding the display of a military flag must permit the flying
     of such flags, in a respectful way, on President's Day, Iwo Jima
     Flag Raising Day, Vietnam Veterans Day, V-E Day, Armed Forces
     Day, Memorial Day, Flag Day, Independence Day, Korean War
     Veterans Armistice Day, V-J Day, Patriot's Day, POW/MIA
     Recognition Day, Veterans Day, Pearl Harbor Day and the birthday
     of each branch of the United States Armed Forces.
        (b)  Cemetery entity.--A cemetery entity may not prohibit the
     outdoor display of one American flag, Commonwealth flag and
     military flag on lots if the American flag is displayed in a
     manner consistent with 4 U.S.C. §§ 4 through 10 and a
     Commonwealth flag or military flag is displayed in accordance
     with any rules and regulations adopted by the cemetery entity. A
     cemetery entity may adopt rules and regulations, consistent with
     4 U.S.C. §§ 4 through 10, regarding the placement and manner of
     display of the American flag, and a cemetery entity may adopt
     rules and regulations regarding the placement and manner of
     display of a Commonwealth flag or military flag. A cemetery
     entity may adopt rules and regulations regarding the size and
     location of flags on lots, but such rules or regulations shall
     not be used as subterfuge to defeat the purposes of this act. A
     cemetery entity must permit the flying of military flags, in a
     respectful way, on President's Day, Iwo Jima Flag Raising Day,
     Vietnam Veteran's Day, V-E Day, Armed Forces Day, Memorial Day,
     Flag Day, Independence Day, Korean War Veterans Armistice Day,
     V-J Day, Patriot's Day, POW/MIA Recognition Day, Veterans Day,
     Pearl Harbor Day and the birthday of each branch of the United
     States Armed Forces. Nothing in this act shall preclude a lot
     owner or his heirs or assigns from limiting or prohibiting the
     display of an American flag, Commonwealth flag or military flag
     on a lot.
     Section 4.  Effective date.
        This act shall take effect in 30 days.