BILL NUMBER: SB 2032	CHAPTERED  07/12/02

	CHAPTER  178
	FILED WITH SECRETARY OF STATE  JULY 12, 2002
	APPROVED BY GOVERNOR  JULY 11, 2002
	PASSED THE SENATE  JUNE 27, 2002
	PASSED THE ASSEMBLY  JUNE 20, 2002
	AMENDED IN ASSEMBLY  JUNE 13, 2002
	AMENDED IN SENATE  MAY 6, 2002
	AMENDED IN SENATE  APRIL 10, 2002

INTRODUCED BY   Senator Monteith
   (Coauthors:  Senators Haynes, Johannessen, Knight, Morrow, and
Oller)
   (Coauthors:  Assembly Members Ashburn, Briggs, Bill Campbell,
Cogdill, Hollingsworth, Leach, Maldonado, Robert Pacheco, Strickland,
Wyland, and Zettel)

                        FEBRUARY 22, 2002

   An act to add Section 1353.5 to the Civil Code, relating to the
United States flag.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2032, Monteith.  Display of the United States flag:  common
interest developments.
   The Davis-Stirling Common Interest Development Act sets forth
certain requirements for declarations and governing documents of
common interest developments.  Existing law requires that an
association manage a common interest development, and requires the
association to fulfill certain procedures in order to impose
disciplinary action upon a member for a violation of the governing
documents or rules of the association.
   This bill would prohibit any declaration or other governing
document of a common interest development from limiting or
prohibiting, or being construed to limit or prohibit, the display of
the flag of the United States, as defined, except as required for the
protection of the public health or safety, in or on an owner's
separate interest or within a portion of the common area used
exclusively by the owner, as specified.  It would also provide that,
in any action brought to enforce these provisions, the prevailing
party shall be awarded reasonable attorneys' fees and costs.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature in enacting this
act to provide for all of the following:
   (a) That homeowners throughout the state shall be able to display
a flag of the United States.
   (b) That owners of a separate interest in a common interest
development shall be specifically included within the group of owners
and occupiers of land with a legal right to display a flag of the
United States, as defined by subdivision (b) of Section 434.5 of the
Government Code.
   (c) That a homeowner who is unlawfully prohibited from flying a
flag of the United States shall recover those costs and attorneys'
fees incurred in enforcing his or her right to do so.
  SEC. 2.  Section 1353.5 is added to the Civil Code, to read:
   1353.5.  (a) Except as required for the protection of the public
health or safety, no declaration or other governing document shall
limit or prohibit, or be construed to limit or prohibit, the display
of the flag of the United States by an owner on or in the owner's
separate interest or within the owner's exclusive use common area, as
defined in Section 1351.
   (b) For purposes of this section, "display of the flag of the
United States" means a flag of the United States made of fabric,
cloth, or paper displayed from a staff or pole or in a window, and
does not mean a depiction or emblem of the flag of the United States
made of lights, paint, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component.
   (c) In any action to enforce this section, the prevailing party
shall be awarded reasonable attorneys' fees and costs.