Can an HOA stop me from flying a flag in Arizona?

Question

Accepted Answer

No — not for the flags Arizona law protects. An association cannot prohibit the outdoor front yard or backyard display of any of the following flags on a member's property, regardless of what the community documents say :

- The American flag (or an official or replica uniformed services flag), displayed in a manner consistent with the federal flag code 
- The POW/MIA flag 
- The Arizona state flag 
- An Arizona Indian nations flag 
- The Gadsden flag 
- A first responder flag (which may combine the designs of one or two other first responder flags) 
- A blue star service flag or a gold star service flag 
- Any historic version of the American flag, including the Betsy Ross flag, regardless of how the stars and stripes are arranged

The same list of flags is protected for condominium unit owners, who may display them outdoors on their property notwithstanding anything in the condominium documents .

What the association may still do. The association must adopt reasonable rules on the placement and manner of display of these protected flags, and those rules may :

- Regulate the location and size of flagpoles 
- Limit a member to two wall-mounted flagpole holders 
- Limit display to no more than two flags at once 
- Cap flagpole height at no more than the height of the rooftop of the member's home

However, the association shall not prohibit installing a flagpole in the front yard or backyard of the member's property at all . For condominiums, the association's rules may regulate flagpole location and size but likewise shall not prohibit installing a flagpole .

Note that flags not on the protected list are not covered by these provisions, so an association's authority over other flags is not addressed here . If your HOA is threatening enforcement over a protected flag, consider consulting a licensed Arizona attorney about your options.