# Illinois Condo Flag Display Rights (2026) > Under the Illinois Condominium Property Act, 765 ILCS 605/18.6, and the parallel rule for non-condo HOAs at 765 ILCS 160/1-70, and notwithstanding anything in the declaration, bylaws, or rules, a board cannot prohibit an owner from displaying the American flag or a flag of a United States military branch on or within the limited common areas of the owner's unit, or on the immediately adjacent exterior of the building. The board also cannot prohibit installing a flagpole for that purpose in those areas. A military flag means a flag of any branch of the US armed forces or the Illinois National Guard, made of fabric, cloth, or paper and shown from a staff, flagpole, or window. Depictions made of paint, lights, roofing, or landscaping are not covered. The board can adopt reasonable placement and manner rules consistent with the federal flag code, and it can prohibit flags in the general common areas no owner controls. _Source: https://hoanotes.com/hoa/illinois/flag-display/ | Last reviewed 2026-06-03_ ## What the law protects The protection is strong because it overrides the governing documents. No matter what the declaration or rules say, a board cannot stop an owner from flying the American flag or a US military flag in the limited common area of their unit or on the immediately adjacent exterior, and cannot prohibit a flagpole for that purpose there. The military-flag piece is broad: it covers any branch of the US armed forces and the Illinois National Guard. The protection is about actual flags. The statute covers a flag of fabric, cloth, or paper shown from a staff, flagpole, or window. A flag painted on the building, made of lights, or worked into roofing or landscaping is not protected. And the board keeps reasonable control: it can set placement and manner rules consistent with the federal flag code, and it can bar flags in the general common areas that no single owner controls. ## What to check in the disclosure package If flying a flag matters to you, read these before you make an offer: - Any blanket ban on flags, banners, or flagpoles, which cannot reach a protected flag. - Whether the space you would use is a limited common area you control or general common area. - Placement or manner rules, which the board can set within the federal flag code. - Board minutes for any flag or flagpole dispute. ## Why this matters to your offer For veterans and many other buyers, flying the flag is a real concern, and Illinois law protects it even against a declaration that says no. A rules document that bans all flags or flagpoles is out of step with the statute. An HOA Notes brief reads the rules against the flag protection, flags a blanket ban that cannot stand, and cites the page behind each finding. ## What the statute says **765 ILCS 605/18.6 and 765 ILCS 160/1-70** (Flag and military flag display rights). An owner may display the American flag or any U.S. military branch flag (or both) on or within the limited common areas and facilities of their unit, or on the immediately adjacent exterior of the building; owners may also install a flagpole in limited common areas or adjacent exterior for this purpose; these rights apply 'notwithstanding any provision in the declaration, bylaws, rules, regulations, or agreements'; an 'American flag' is a flag of fabric, cloth, or paper displayed from a staff, flagpole, or window -- non-fabric depictions (paint, lighting, roofing) are not protected. The association may adopt reasonable rules on placement and manner of flag display consistent with the federal flag code (4 U.S.C. sections 4-10); it may regulate flagpole location and size but may not prohibit flagpoles entirely; it may prohibit flags on general common areas not under any owner's exclusive use or control. ## Illinois condo flag display: common questions ### Can an Illinois condo ban the American flag? No. Notwithstanding the declaration, a board cannot prohibit the American flag or a US military flag in an owner's limited common area or on the immediately adjacent exterior. ### Does the protection cover military flags? Yes. A military flag means a flag of any branch of the US armed forces or the Illinois National Guard, made of fabric, cloth, or paper. ### Can the HOA stop me from installing a flagpole? No, not in the limited common area or adjacent exterior for a protected flag. The board can set reasonable placement and size rules but cannot prohibit flagpoles entirely. ### Is a flag painted on my unit protected? No. The statute covers a flag of fabric, cloth, or paper. Depictions made of paint, lights, roofing, or landscaping are not protected. ## Sources (verified 2026-06-03) 1. 765 ILCS 605/18.6 (Illinois Condominium Property Act; flag display), Illinois General Assembly. Verified 2026-06-03. https://www.ilga.gov/legislation/ilcs/documents/076506050K18.6.htm 2. Illinois Statutes Chapter 765 Property 605/18.6, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/il/chapter-765-property/il-st-sect-765-605-18-6/ 3. Does the association have the ability to regulate display of flags, Keough & Moody. Verified 2026-06-03. https://kmlegal.com/news/does-the-association-have-the-ability-to-regulate-display-of-flags-and-other-decorations/ HOA Notes is not a law firm and this is not legal advice.