SF 2102 (LSB 5178SV (5) 90)

SENATE FILE 2102

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SSB 3039)

A BILL FOR

An Act relating to common interest communities and unit owner associations and the display of the American flag.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  499C.3  Display of the American flag.
   1.  The declaration of a common interest community, the bylaws of a unit owners association or an executive board, and the rules of a unit owners association or a common interest community shall not prohibit a unit owner from displaying or flying the American flag, in a size no greater than three feet by five feet, attached on the exterior of the unit owner’s unit.
   2.  The declaration of a common interest community, the bylaws of a unit owners association or an executive board, and the rules of a unit owners association or a common interest community shall not prohibit an owner from installing a flagpole on any real property owned by the unit owner for display of the American flag, in a size no greater than three feet by five feet.
   3.  For purposes of this section, “American flag” means a flag, as described in 4 U.S.C. ch. 1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the right of unit owners in common interest communities to display the American flag. The bill provides that a declaration of a common interest community, the bylaws of a unit owners association or an executive board, and the rules of a unit owners association or a common interest community cannot prohibit a unit owner from displaying or flying the American flag, in a size no greater than three feet by five feet, attached on the exterior of the unit owner’s unit or on a flagpole installed on any real property owned by the unit owner. The bill defines “American flag” to mean a flag, as described in 4 U.S.C. ch. 1.