Can I Put a Flag on My Property?Â
Under Arizona law, an HOA can never blanketly prohibit the display of an American flag, so long as that flag is displayed consistent with the federal flag code. However, the HOA may adopt reasonable rules and regulations related to how your flag is displayed. For example, they are allowed to limit the height of a flagpole. They may want to only allow flagpoles that are as tall as the homes in a neighborhood, which Arizona law gives them the right to do. So, you might be out of luck if you want to install a 100-foot flagpole in your yard for the entire neighborhood to see. These rules also apply to the POW/MIA flag, the Arizona state flag, any Arizona Indian nations flag, and/or the Gasden flag.
Can I Put a Political Sign on My Property?Â
This one is a little more complicated than displaying a flag. Arizona law provides specific protections for homeowners who wish to display political signs. Under A.R.S. § 33-1808, HOAs are limited in the types of restrictions they can place on political signage in people’s yards. For example, HOAs cannot prohibit political signs within 71 days before a primary election, or 15 days after a general election. An HOA can regulate the size and number of political signs, so long as that regulation is consistent with any similar regulation imposed by the city, town or county. This statute ensures that homeowners have the right to express their political views through signage, while also protecting the HOA’s ability to regulate the aesthetics of the community.
How Can I Be Sure That My Flag or Sign Will Not Be Taken Down?Â
While Arizona law protects homeowners’ rights to display political signs, it is important for homeowners to review the documents that govern the community (e.g., the CC&Rs, Bylaws, etc.). Each HOA may have its own specific guidelines that homeowners must follow. These guidelines should be reasonable and not infringe upon the homeowner’s right to free speech. Homeowners should familiarize themselves with these rules to ensure they are in compliance and avoid any potential conflicts with their HOA. If you believe that the HOA is unfairly restricting your right to display a flag or political signs, you should call us. We’ll help develop an appropriate strategy to deal with your HOA, and help your rights as a homeowner.
