This bill prohibits HOAs from banning display of the American flag (and other specified flags), reinforcing that community aesthetic rules can't override a homeowner's right to fly the flag.
In short: Prohibits HOAs from banning display of the American and other specified flags.
Introduced — no action Pro-homeowner
SB1034 amends the condominium and planned-community statutes on flags and signs (A.R.S. 33-1261, 33-1808) to limit what HOAs can prohibit. It protects the outdoor display of specified flags and flagpoles, protects political and real estate signs within set size limits, and penalizes associations that improperly restrict real estate signs.
For homeowners: Pro-homeowner: it protects display of a broad list of flags, flagpoles, and political and real estate signs against HOA bans, subject only to reasonable size limits. The six-month lien-forfeiture penalty for improperly restricting real estate signs gives the protection unusually sharp teeth.
What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.
- Associations cannot prohibit outdoor display of specified flags: the U.S. flag and uniformed-services flags (per the federal flag code), the POW/MIA flag, the Arizona state flag, an Arizona Indian nations flag, the Gadsden flag, first responder flags, and blue star or gold star service flags.
- A flag may be restricted only if it is obscene, defamatory, or likely to incite violence.
- Associations cannot prohibit installing a flagpole, though they may regulate its location and size.
- Political signs are protected from the date the association provides ballots through three days after the election, with total sign area of no more than nine square feet, and no limit on the number of candidates or propositions supported or opposed.
- Real estate signs are limited to 18 by 24 inches, with riders limited to 6 by 24 inches.
- An association that violates the real estate sign rules forfeits and extinguishes its lien rights for six consecutive months.
The A.R.S. sections this bill amends, adds, or repeals — taken from the bill text. Click one to read the current law.
Organizations and industry insiders who registered a position on this bill through the Legislature’s public Request to Speak system — simply where each stood: For, Against, or Neutral. Individual homeowners are not listed. Whether this bill helps or hurts homeowners is our own read, shown by its label above — a group’s position doesn’t set our call. Each row links to that entity’s report card and to the source at azleg.gov.