A condominium, cooperative, or residential real-estate management association may not adopt or enforce any policy that restricts or prevents a member from displaying the flag of the United States on residential property the member owns or exclusively controls.
What it protects
The U.S. flag, displayed on the member’s own residential property or exclusive-use area, is protected from HOA bans (§ 3 of the Act).
What the HOA may still do
The Act does not override the federal Flag Code (4 U.S.C. ch. 1) or a reasonable time, place, or manner restriction that is necessary to protect a substantial association interest (§ 4). It covers only the U.S. flag — not flagpoles as such, other flags, or political signs.
Arizona goes further
Arizona law (A.R.S. § 33-1808) separately protects the U.S. and Arizona flags, certain military/POW-MIA flags, political signs, and flagpoles — broader than the federal Act. Most Arizona flag disputes are resolved under the state statute.
Arizona law on the same topic
- A.R.S. § 33-1808 — Arizona flag & political-sign statute