House Bill 1412
The statute is unclear. My HOA allows one flagpole only. They do allow for this one ole to be mounted to the house. However if I fly the American flag I am denied flying any of the non prohibited flags. If I fly one of the non prohibited flags I am denied flying the American flag. So I am forced to choose which flag I want to fly. The statute should clarify this by stating if you are allowed to mount a flagpole to your home you can be limited to two flag poles so you can accommodate the American flag and one of the non prohibited flags. This has been litigated twice in the Dept of Real Estate and once in Superior Court. They determined that this Statute indicates one 20 ft flag pole only to fly two flags. It does not address mounted flagpoles as they can only hold one flag. I have a judgment against me I am an 84 yr old widow of a retired Marine and I now refuse to choose which flag to fly so I fly none. what a shame on Arizona the State of John McCain This Statute should make it CLEAR about flagpole and flagpole (s) not everyone wants to install a20 ft flagpole when the HOA allows for mounted pole(ONE) only.
It violates either Federal Statute or AZ statute of non prohibited flags by only allowing ONE flag pole
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Joyce,
I fully understand your concern and agree with you. The law established a minimum restriction of what an association cannot do, it does nothing to limit what an association can do that makes sense. There is no law against allowing two flagpoles or the flying of any flag that is not on the specific exemption list. Flying a flag is a fundamental freedom of speech issue and very few CC&R’s ever actually restrict flags. They nearly always restrict signs, but flags are not signs, as can be seen by the basic definitions of either words. Changing the law is not an easy thing to do, but that is what i try to do every year. The issue is I’m only one person and the need for legislative reform is so broad and great it all becomes a matter of what can I get accomplished in any year. Speak to your legislators directly if they are willing to help you with a bill have them talk to me and I’ll draft the bill for them to protect everyone’s rights.
Dennis