For two years now, with no problems, 79 year old veteran, Jack McIntosh, has been proudly flying his American flag on the 15' flag pole in his front yard. On May 18th, Mr. McIntosh received a letter from the Harrison Woods property management company telling him he had to take down his flag pole. In fact, he has 30 days to take it down or be fined and have his HOA privileges revoked. If the home owners association had an issue with the addition of a flag pole to one's property, that should have been stated so in the covenants before hand.  

From: Hank Fennell Removed at the request of Hank Fennell
Date: May 18, 2023 at 3:46:57 PM EDT
To: Jack & Candice McIntosh <keeblerbb@charter.net>
Subject: 563 Yellowstone Lane - Flag Pole

Jack,
 

As you know, the ACC did not approve the flagpole you have in your yard.

The board has also discussed this issue and has voted to uphold the ACC's decision, in effect utilizing your potential "appeal" option to them. 

Therefore, please take down the flagpole no later than 30 days from the date of this email.

This decision is not a matter of respect for the flag or your service to our country but a matter of this being an improvement or alteration to the property. The ACC has the discretion to approve or disapprove any such things.

When homeowners purchase property in Harrison Woods, they agree to the covenants that run with the land, and submitting to the authority of the ACC's decisions is part of it. I am not aware of any law that would trump said authority. If you have such documentation, please forward it to me for review. 

Perhaps the ACC would approve the placing of the flag on a mount attached to your home. You are welcome to ask them about that.

Let me know if you have any questions. I ask for your acknowledgment of receipt of this email.

Hank Fennell, President

Fennell Property Management, Inc.
Specializing in HOA Administration
 

(c) Removed at the request of Hank Fennell

www.fennellpm.com

REALTOR, Realty Executives Associates

10255 Kingston Pike

Knoxville, TN 37922

Fortunately for Mr. McIntosh and many others, HOA's/POA's/ACC's CAN NOT prohibit a property owner from flying the American flag how they want.

Federal Public Law No: 109-243 (07/24/2006)

Freedom to Display the American Flag Act of 2005 - States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
__________________________________________________________________

TCA 66-27-602. Display of flags by property owners — Applicability of section.

(a) Except as provided in subsection (b), no homeowners' association shall adopt or enforce 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.

(b) A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the flag of the United States of America or an official or replica flag of any branch of the United States armed forces.

(c) The property owner must display the flag of the United States of America in accordance with 4 U.S.C. §§ 5-10.

(d) This section applies to dedicatory instruments:

I know when someone buys property in a restricted development, they agree to abide by the covenants of that development, but oddly enough, the Harrison Woods HOA covenants have no mention, of any kind, of prohibiting flag poles on homeowner's property. So apparently, the HOA just made a unilateral decision to force Mr. McIntosh to remove his flag pole in violation of both state and federal law.

The very idea, that right here in Loudon County, we would have any association or organization of any kind that would attempt to prohibit or dictate how someone may fly the American flag is just unacceptable. As a resident of the fifth district and a constituent of mine, I fully support Mr. McIntosh's right to fly his flag how he wants and will do everything I can as a county commissioner to see that his rights are not infringed on.

Thank you Mr. McIntosh for your service to our country.