On March 30, 2022, Governor Ducey signed HB2010: FLAGS; HOAs into law which adds a new section to the Planned Communities Act (A.R.S. Section 33-1261 and 33-1808). This new law applies to both planned communities and condominiums and will become effective on September 24, 2022. Set forth below is Mulcahy Law Firm, P.C.’s easy to understand explanation of the new law and a definition of a First Responder Flag. Please contact Mulcahy Law Firm, P.C. with questions related to this new law.

FIRST RESPONDER FLAGS

Regardless of what a planned community and condominium association documents state, a planned community or condominium cannot prohibit the outdoor display of a first responder flag (this flag, however, may incorporate the design of one or two other first responder flags to form a combined flag) a blue star service flag or a gold star service flag.

The New law defines First Responder Flag as a flag that recognizes and honors the services of any of the following:

  •   Law enforcement and that is limited to the colors blue, black and white, the words “law enforcement”, “police”, “officers”, “first responder”, “honor our”, “support our” and “department” and the symbol of a generic police shield in a crest or star shape.
  • Fire department and that is limited to the colors red, gold, black and white, the words “fire”, “fighters”, “F”, “D”, “FD”, “first responder”, “department”, “honor our” and “support our” and the symbol of a generic Maltese cross.
  • Paramedics or emergency medical technicians and that is limited to the colors blue, black and white, the words “first responder”, “paramedic”, “emergency medical”, “service”, “technician”, “honor our” and “support our” and the symbol of a generic star of life.

HB2010: FLAGS; HOMEOWNERS' ASSOCIATIONS