44 Pa. Stat. § 50.3

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 50.3 - 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.

44 P.S. § 50.3

2006, July 7, P.L. 608, No. 93, §3, effective in 30 days [ 8/7/2006].