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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
homeowners' associations; flagpoles
Purpose
Allows a homeowners' association (HOA) to limit an HOA member to the display of two flagpoles.
Background
Statute allows an HOA to regulate the location and size of flagpoles including limiting the height of a flagpole to the height of the rooftop of a member's home. An HOA may also limit a member to the display of two flags at once. Statute stipulates that an HOA must not prohibit the installation of a flagpole in the front yard or backyard of a member's property. An HOA also must not prohibit the outdoor display of the: 1) American flag or an official or replica of a flag of the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard; 2) POW/MIA flag; 3) Arizona state flag; 4) Arizona Indian Nations flag; 5) Gadsden flag; 6) a first responder flag; 7) a blue star service flag or gold star service flag; and 8) any historic version of the American flag, including the Betsy Ross flag (A.R.S. § 33-1808).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an HOA to limit a member to two flagpoles.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
JT/MA/slp