SB1049, which amends A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 of the Condominium Act was signed by the Governor on 03/30/2023. This new law will prohibit community associations from prohibiting “[a]ny historic version of the American Flag, including the Betsy Ross Flag, without regard to how the stars and stripes are arranged on the Flag.”

A.R.S. Section 33-1808 of the Planned Communities Act and A.R.S. Section 33-1261 already state that a community association shall not prohibit certain types of flags, and this new law simply clarifies that the types of American Flag that a community association shall not prohibit.

Overall, SB1049 is a positive law for community associations as it clarifies the types of American Flags that shall not be prohibited.  Please contact Mulcahy Law Firm, P.C. for assistance regarding this issue or any related issues.