The Planning Commissioners Journal is sponsoring the Free Speech in Communities Project.
"The Planning Commissioners Journal is the leading national publication designed for the non-professional citizen planners who serve on city, county or regional planning boards -- or are active in dealing with local land use & community planning issues either as elected officials or citizens." from the Planning Commissioners Journal Web Site
About the Project "We hope that through feeback and comments posted here by planners, planning commissioners, lawyers, and others we will be able to develop some workable ideas for communities interested in promoting First Amendment Freedom of Expression values -- some of the most important Constitutional Rights citizens hold. We hope to publish the results of this project in the Summer or Fall 2004 issue of the Planning Comm'rs Journal. Click to view and add comments to this important effort
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South-Carolina Homeowners Associations (HOA)and Flag Flying Laws & LegislationCommunity Associations and Homeowners Associations (commonly called HOA) agreements with their residents might infringe upon Constitutional rights of their membership. In particular, the First Amendment Freedom of Speech may clash with prohibitions placed on association members' abilities to fly flags, hang flags, place signs, and even hand out flyers.
Below find what we hope is the latest legislative action taking place in South-Carolina.
H 3564 General Bill, By Richardson, Martin, Battle, Bowers, Ceips, Chellis,
Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw,
McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White,
Clemmons, Bailey and Viers
A BILL 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, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE
FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.
02/11/03 House Introduced, read first time,
placed on calendar
without reference HJ-10
02/12/03 House Member(s) request name added as sponsor: Young,
White, Clemmons
02/12/03 House Debate interrupted HJ-27
02/13/03 House Member(s) request name added as sponsor: Bailey, Viers
02/13/03 House Amended HJ-16
02/13/03 House Read second time HJ-18
02/18/03 House Read third time and sent to Senate HJ-12
02/19/03 Senate Introduced and read first time SJ-12
02/19/03 Senate Referred to Committee on Judiciary SJ-12
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 13, 2003
H. 3564
Introduced by Reps. Richardson, Martin,
Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson,
Snow, Stille, Thompson, Walker, Witherspoon, Young, White, Clemmons, Bailey and Viers
S. Printed 2/13/03--H.
Read the first time February 11, 2003.
A BILL
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, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME
DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.
Amend Title To Conform
Be it enacted by the General
Assembly of the State of South Carolina:
SECTION 1. Section 27-1-60 of the 1976 Code, as added by Act 344 of
2002, is amended to read:
"Section 27-1-60. (A) Regardless of any restrictive covenant, declaration, rule,
contractual provision, or other requirement concerning flags or decorations provision found in a deed, contract, lease, rental
agreement, or homeowners' association document concerning the display of flags or decorations on real property, any a
homeowner or tenant may display one portable, removable United States flag in a respectful manner, consistent with 36 U.S.C.
Sections 171-178, as amended, on the premises of the property of which he is entitled to use.
(B) The portable,
removable United States flag may be a standard size for home display and may be displayed:
(1) on a free standing
flagpole between fifteen and twenty feet for home display; or
(2) affixed to the structure of the home by a
flagpole no longer than is reasonable for home display.
(B)(1)(C) No A homeowners' association document,
restrictive covenant in a deed, rental agreement, lease, or another contract may not preclude the display of one portable,
removable United States flag by a homeowners homeowner or tenant if. However, the flag must be is displayed in a respectful
manner, consistent with 36 U.S.C. Sections 171-178, as amended. and complies with the requirements of subsection (B).
(2) No restrictive covenant in a deed may preclude the display of one portable, removable United States flag on the
property. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(3) No rental agreement, lease, or contract may preclude the display of one portable, removable United States flag
on the premises of any tenant. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections
171-178, as amended.
(C)(D) For purposes of this section:
(1) 'homeowner' means a person who holds title
to real property, in fee simple or otherwise, so as to enjoy the rights of use and possession including, but not limited to,
an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time sharing plan, and a
co-owner under a horizontal property regime;
(2) 'homeowners' association' has the same meaning as provided in
Section 12-43-230;
(3) 'homeowners' association document' includes, but is not limited to, declarations of
covenants, articles of incorporation, bylaws, or any similar document concerning the rights of property owners to use their
property; and
(4) 'tenant' means any tenant a temporary occupant of real property under a rental agreement executed
pursuant to Chapter 40, Title 27, any tenant under a rental agreement executed pursuant to Chapter 47, Title 27, any tenant
under a vacation time sharing plan, any tenant or under a horizontal property regime, and any person who leases commercial or
residential real property under a contractual agreement."
SECTION 2. This act takes effect upon approval by the
Governor and applies retroactively regardless of the date of adoption of any restrictive covenant, declaration, rule,
contractual provision, or other requirement concerning the display of flags or decorations found in a deed, contract, lease or
rental agreement, or homeowners' association document.
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