ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
homeowners'
associations; first responder flags
(NOW: first responder flags; homeowners' associations)
Purpose
Prohibits a condominium unit owners' association and a planned community association (HOA) from prohibiting the outdoor display of a first responder flag.
Background
Statute prohibits an HOA from prohibiting 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; and 5) Gadsden flag. The HOA must adopt reasonable rules and regulations regarding the placement and manner of display of the: 1) American flag; 2) military flag; 3) POW/MIA flag; 4) Arizona state flag; or 5) Arizona Indian nations flag. The HOA may regulate the location and size of flagpoles but must not prohibit the installation of a flagpole (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 an HOA from prohibiting the outdoor display of a first responder flag.
2. Requires an HOA to adopt reasonable rules and regulations regarding the placement and manner of display of the Gadsden flag or a first responder flag.
3. Defines first responder flag as a flag that recognizes and honors the services of any of the following:
a) law enforcement and that is limited to the colors blue, black and white, the words law enforcement, police, officers, first responder, honor our, support our, and department and the symbol of a generic police shield in a crest or star shape;
b) fire department and that is limited to the colors red, gold, black and white, the words fire, fighters, F, D, FD, first responder, department, honor our and support our and the symbol of a generic Maltese cross; and
c) paramedics or emergency medical technicians and that are limited to the colors blue, black and white, the words first responder, paramedic, emergency medical, service, technician, honor our and support our and the symbol of a generic star of life.
4. Allows a first responder flag to incorporate the design of one or two other first responder flags to form a combined flag.
5. Makes technical changes.
6. Becomes effective on the general effective date.
House Action
GE 2/3/21 DP 11-2-0-0
3rd Read 2/11/21 35-24-1
Prepared by Senate Research
February 25, 2021
MH/ML/gs