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New Tenn. law resticts HOA bylaws against flying American flags

Published: Jun. 30, 2017 at 6:01 PM EDT
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Over 100 new laws will go into effect on July 1, and one of those laws changes what you can and cannot do with the American flag.

The bill says a home owners' association (HOA) can't keep a homeowner from flying an American flag outside of their home. Whether it's an official flag, replica or flag celebrating our armed forces, the HOA can't make you take it down.

Local 8 News spoke to the president of a local HOA to learn what this new law means when it comes to existing by-laws within an association.

"If an HOA was to have in its bylaw you cannot fly a flag in the form that they have it in, then after tomorrow they wouldn't be able to do that because the state law is going supersede the HOA law," said William Stinnett, President of View Harbor HOA.

He continued by saying there is a gray area within the new law that "allows certain restrictions regarding display."

A local veteran who once had issues with her HOA is thrilled this law was passed.

"I'm pleased as punch that I and other veterans and anyone else, veteran or not, can fly the flag freely whereever they live," aid Delia Foster.

She told Local 8 News that people should not have to fight to fly an American flag that has already been fought for by those who wear the uniform.

Here's the full text of the new legislation:

SB0469 - Real Property - As enacted, prohibits a homeowners' association from adopting or enforcing a dedicatory instrument provision that prohibits, or has the effect of prohibiting, a property owner from displaying the flag of the United States of America or an official or replica flag of any branch of the United States armed forces on the property owner's property; allows certain restrictions regarding display. - Amends TCA Title 5; Title 6; Title 7 and Title 66.

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