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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
homeowners' associations; uniformed services flag
Purpose
Prohibits a condominium unit owners' association (COA) or a planned community association (HOA) from prohibiting owners from displaying a flag of the U.S. uniformed services, rather than only the flags of the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard (military flag).
Background
The U.S. uniformed services includes the Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard, National Guard, Commissioned Corps of the U.S. Public Health Service (USPHS) and the National Oceanic and Atmospheric Administration (NOAA) (U.S. DOD; U.S. HHS; U.S. DOC). A COA and HOA cannot prohibit a unit or property owner from displaying: 1) the American flag or a military flag if the flag is displayed in compliance with the federal flag code; 2) the POW/MIA flag; 3) the Arizona state flag; 4) an Arizona Indian Nations flag; or 5) the Gadsden flag. A COA or HOA must adopt reasonable rules and regulations regarding the placement and manner of display of any flags (A.R.S. §§ 33-1261 and 33-1808).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a COA or HOA from prohibiting the outdoor display of a flag of the U.S. uniformed services, rather than only a military flag.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 27, 2022
MH/MF/slp