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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
HOAs; uniformed services division flags
Purpose
Prohibits a condominium unit owners' association (COA) and a planned community association (HOA) from prohibiting the display of division flag of the U.S. Army, Navy, Marine Corps, Air Force Space Force or Coast Guard.
Background
A COA and HOA may
not prohibit a unit property owner from the outdoor display of:
1) the American flag or an official or replica of a U.S. Uniformed Services
flag, if the flag is displayed in a manner consistent with the U.S. Flag Code; 2)
the POW/MIA flag; 3) the Arizona state flag; 4) an Arizona Indian nations flag;
5) the Gadsden flag; 6) a first responder flag; 7) a blue star service flag or
gold star service flag; or 8) any historic version of the American flag,
including the Betsy Ross flag.
A COA may not prohibit or charge a fee for the use, placement or the indoor or outdoor display of a commercially produced sign that indicates that the unit owner is offering the property for sale, lease or rent, unless the condominium documents prohibit or restrict leasing or renting a unit. For a condominium unit that is for sale, lease or rent, a COA may not prohibit or regulate temporary open house or for sale signage, except a COA may prohibit signage on the common elements of the condominium and restrict open house hours before 8:00 a.m. and after 6:00 p.m. A COA or managing agent that violates the outlined prohibitions forfeits and extinguishes the common expense lien rights against that unit for a period of six consecutive months after the date of the violation (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 and HOA from prohibiting the outdoor display of a U.S. Army, Navy, Marine Corps, Air Force Space Force or Coast Guard division flag.
2. Removes the stipulation that a COA or managing agent that violates the prohibitions relating to signage and open house hours for a condominium for sale, lease or rent forfeits and extinguishes the common expense lien rights against the unit for six consecutive months after the date of the violation.
3. Defines division flag as a flag that is officially authorized by the U.S. Army, Navy, Marine Corps, Air Force, Space Force or Coast Guard to represent a division level unit that bears the unit's approved insignia, designation or nickname and that issued for ceremonial, identification or representational purposes.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Replaces a U.S. Uniformed Services division flag with a division flag of the U.S. Army, Navy, Marine Corps, Air Force, Space Force or Coast Guard.
2. Defines division flag.
3. Makes technical and conforming changes.
Senate Action
GOV DPA 1/28/26 6-1-0
Prepared by Senate Research
February 2, 2026
AN/ci