765 Ill. Comp. Stat. 160/1-70

Display of American flag or military flag

Official text ↗ Checked against the official source on 2 November 2026

At a glance

Flags protected: American flag or military flag

“a board may not prohibit the display of the American flag or a military flag, or both”
Limits the HOA may set: Reasonable rules on American flag display placement and manner

“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”
Limits the HOA may set: Reasonable rules on flagpole location and size

“a board may adopt reasonable rules and regulations regarding the location and size of flagpoles.”
Flagpoles allowed: Flagpole for American or 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”
Where flags may fly: Limited common areas or adjacent exterior

“on or within the limited common areas and facilities of a unit owner or on the immediately adjacent exterior of the building”

Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.

Official text

Copy retrieved from www.ilga.gov. Always rely on the official source for the current version.

Show the full text of 765 Ill. Comp. Stat. 160/1-70

Sec. 1-70. Display of American flag or military flag. (a) Notwithstanding any provision in the declaration, bylaws, community instruments, rules, regulations, or agreements or other instruments of 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. "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. 96-1400, eff. 7-29-10.)

The same topic in other jurisdictions

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This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.