American Flag

The State Legislature made significant changes in the law that went into effect on August 22, 2002 that restricts the Association's ability to prohibit the flying of the American flag (A.R.S. §§ 33-1261, 33-1808). This office has always been in support of allowing homeowners to fly the American flag and we have even turned away clients that have attempted to prohibit homeowners from flying the American flag. The following is a summary of important points of the new legislation:

  • Condominiums and planned communities cannot prohibit the display of the American Flag so long as the flag is flown in accordance with Federal rules.
  • This law supercedes the Association's governing documents.
  • The Association cannot prohibit installation of a flagpole, but it may regulate the size and location of flagpoles.

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