Flying flags in Arizona HOA and condo associations is a hot topic in Arizona this week! Between the pending flag bills currently in the Arizona Legislature and a recent news story and TikTok Video regarding homeowners in Queen Creek wanting to fly or hang a Pride flag on their property, it is a good time for a refresher on what flags can legally be flown in Arizona HOA and condo associations.
Under Arizona law (A.R.S. 33-1261 and 33-1808), a condo or HOA cannot prohibit the display of any of the following flags:
1. The American flag or an official or replica of a flag of the uniformed services of the United States (however, the flag(s) must be displayed in a manner consistent with the Federal Flag Code);
2. The POW/MIA flag;
3. The Arizona State flag;
4. An Arizona Indian Nations flag;
5. The Gadsden flag;
6. A First Responder flag (A First Responder flag may incorporate the design of one or two other first responder flags to form a combined flag. A combined flag can be in many forms such as an American flag with a blue line, or a flag that includes both a firefight symbol and a paramedic symbol);
7. A Blue Star service flag or a Gold Star service flag (these are military flags that represent a family member activity serving in the military or a family member that died while serving in the armed forces).
Arizona HOAs and condos must adopt reasonable rules and regulations regarding the placement and manner of display of the flags. HOA and condo association rules may also regulate the location and size of flagpoles but cannot prohibit installing a flagpole.
An HOA may also limit the owner to no more than two flags at once and may limit the height of the flagpole to not more than the height of the rooftop of the owner’s home.
Owners should review their association’s CCRs or rules regarding any additional flag restrictions or rules (however, any flag restrictions or rules in an association’s documents cannot violate A.R.S. 33-1261 and 33-1808).
Our law firm is closely watching two bills currently pending in the 2023 Arizona Legislature that may expand the list of protected flags to include the Betsy Ross Flag (historic version of the American flag) and other flag unless the flag is obscene, defamatory or likely to incite violence.
Each week our law firm monitors current legislation the adds any changes to our website. To follow current pending bills in the Arizona Legislature, please visit our website https://www.mulcahylawfirm.com/publications/2023-legislative-update/
Please contact Beth Mulcahy, Esq. at bmulcahy@mulcahylawfirm.com with any questions.
