ARIZONA STATE SENATE
Phoenix, Arizona
Purpose
Prohibits homeowners’ associations (HOAs) from prohibiting an outdoor display of the American flag if the display is in a respectful and honorable manner.
Background
Currently, the flying of American flags in condominium and planned community HOAs in Arizona is governed by an HOA’s codes, covenants and restrictions (CC&R’s). Restrictions that limit or ban the public display of the American flag have varied from HOA to HOA. The U.S. Congress passed a concurrent resolution on September 13, 2001 encouraging all Americans to fly the American flag. Accordingly, the Community Associations Institute (CAI) asked those community associations that prohibit the display of the American flag to place a six-month moratorium on enforcing those rules.
S.B. 1055 prohibits condominium and planned community HOAs from prohibiting an outdoor display of the American flag if the display is in a respectful and honorable manner.
There is no anticipated fiscal impact to the state general fund associated with this bill.
Provisions
1. Prohibits HOAs from prohibiting an outdoor display of the American flag if the display is in a respectful and honorable manner.
2. Provides for a general effective date.
Prepared by Senate Staff
January 17, 2002