By Beth Mulcahy, Esq.
Over the past several years, there have been articles on national and state levels regarding whether or not an owner can display a flag on his/her/their property in an association.
Arizona law is quite clear on this issue. Pursuant to Arizona law (A.R.S. Section 33-1808 (A) and (B) for planned communities and 33-1261 for condominiums), an association cannot prohibit the outdoor front yard or back yard display of the American Flag, or an official flag (or a replica) of the United States Army, Navy, Air Force, Marine Corps, Coast Guard by a unit/lot owner on that unit/lot owner’s property if the American flag or military flag is displayed in a manner consistent with the Federal Flag Code. Associations also cannot prohibit the outdoor display of the following: 1. POW/MIA flag; 2. Arizona State flag; 3. The Arizona Indian Nations flag and 4. Gadsden flag (“Don’t Tread on Me”). Further, the association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag, the military flag, the POW/MIA flag, the Arizona state flag or the flag of the Arizona Indian nations.
In a condominium, the association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole.
In a planned community, the association rules may regulate the location and size of flagpoles, may limit the member to displaying no more than two flags at once and may limit the height of the flagpole to no more than the height of the rooftop of the member’s home but shall not prohibit the installation of a flagpole in the front yard or backyard of the member’s property.
Please contact me if you have any questions on this important subject.