Your readers are correct - SC did pass a law (www.scstatehouse.net/code/t27c001.htm - section 27-1-60)protecting homeowners rights to display 1 American Flag as long as it is portable.  After much discussions with our HOA and the inolvement of everyone’s attorney’s they finally interpreted the law as we did.  We now PROUDLY display our American Flag on a 25 foot telescoping (so we can take it down) pole in our front yard.  My husband has served our country for 19 years - it’s the least we should be able to do.  Thanks for bringing this topic up - everyone should be flying the flag of this great nation.

Brad: checked my HOA covenants, saw nothing about the prohibition of flags or banners.  Of course, every time I think our HOA regulations don’t address something, someone tells me they do and I simply haven’t “looked hard enough”.  I’ve long suspected there’s some sort of double top secret alternate HOA rules lying around that nobody but board members know about, because some of the “covenants” they cite seem to come out of thin air.  But so far, nothing about flags.  Saw several of them in the neighborhood this weekend.

Additional info:

In the South Carolina General Assembly, 115th Session, 2003-2004, Bill (H. 3564) to amend Section 27-1-60, Code of Laws of South Carolina, 1976, relating to the right of a homeowner or a tenant to display the United States flag on his real property, was introduced, but as I understand, did not pass.

Please see the Bill at:    http://www.scstatehouse.net/sess115_2003-2004/bills/3564.htm

Awesome addition Robert…forgot all about that!  I am going to take that to the HOA! Everyone needs to make sure theirs is compliant as well!

Federal Law—Freedom to Display the American Flag Act of 2005
Under the federal Freedom to Display the American Flag Act of 2005 passed by the U.S. Congress in 2006 and signed into law by President Bush on July 24, 2006, homeowners associations throughout the country may not prohibit the displaying of the U.S. flag, but they can regulate the “time, place, or manner” of display when “necessary to protect a substantial interest” of the condominium association. Also, homeowners regulations may not be inconsistent with the U.S. Flag Code given in Chapter 1, Title 4 of the United States Code.

Read the whole article at:
http://www.insidejustice.com/law/index.php/intl/2008/07/04/p86

Let me know what you find out Ryan…there could be a story here.

That is nuts.  I don’t hang a flag currently, but definitely reserve my right to do so.  Going to have to check my own HOA rules today.

That was my original thought too…but I looked at his “covenant” and it’s there in black and white.  out of curiosity, I called my HOA manager, and ours is very similar…‘no flags or banners of any kind’.  No provision for American flags!  I am going to push to have the language changed.

I seriously suspect your friend has mis-read or mis-interpreted his HOA rules.  You never know, though.  HOAs are infamous for coming up with terrible, arcane, conflicting, and/or completely unenforceable rules. 

Or maybe it’s just that HOAs are by their very definition fascist and un-American.