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The Planning Commissioners Journal is sponsoring the Free Speech in Communities Project. "The Planning Commissioners Journal is the leading national publication designed for the non-professional citizen planners who serve on city, county or regional planning boards -- or are active in dealing with local land use & community planning issues either as elected officials or citizens." from the Planning Commissioners Journal Web Site About the Project "We hope that through feeback and comments posted here by planners, planning commissioners, lawyers, and others we will be able to develop some workable ideas for communities interested in promoting First Amendment Freedom of Expression values -- some of the most important Constitutional Rights citizens hold. We hope to publish the results of this project in the Summer or Fall 2004 issue of the Planning Comm'rs Journal. Click to view and add comments to this important effort

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Arizona Homeowners Associations (HOA)and Flag Flying Laws & LegislationCommunity Associations and Homeowners Associations (commonly called HOA) agreements with their residents might infringe upon Constitutional rights of their membership. In particular, the First Amendment Freedom of Speech may clash with prohibitions placed on association members' abilities to fly flags, hang flags, place signs, and even hand out flyers. Below find what we hope is the latest legislative action taking place in Arizona. As of August 22, 2003, Arizona HOA's are prohibited from preventing members from flying the U.S. Flag, in accordance with the Arizona Revised Statutes: ARS 33-1261 American flag display Notwithstanding any provision in the condominium documents, an association shall not prohibit the outdoor display of the American flag by a unit owner on that unit owner's property if the American flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10). The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole. ARS 33-1808 American flag display Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor display of the American flag by an association member on that member's property if the American flag is displayed in a manner consistent with the federal flag code (P.L. 94-344; 90 Stat. 810; 4 United States Code sections 4 through 10). The association shall adopt reasonable rules and regulations regarding the placement and manner of display of the American flag. The association rules may regulate the location and size of flagpoles but shall not prohibit the installation of a flagpole. #####Five Star Flags update above##### State of Arizona Senate Forty-fifth Legislature Second Regular Session 2002 SB 1055 Introduced by Senators Bundgaard, Smith, Blanchard, Martin, Hamilton, Burns; Representatives Giffords, Blendu, Chase, Anderson, Marsh, Graf, Cooley, Farnsworth, Pierce: Senators Aguirre, Arzberger, Bee, Bennett, Brown, Cirillo, Cummiskey, Daniels, Gerard, Guenther, Hartley, Hellon, Jackson, Jarrett, Lopez J, Mitchell, Petersen, Richardson, Rios, Solomon, Valadez, Verkamp, Yrun; Representatives Avelar, Brimhall, Burton Cahill, Camarot, Cannell, Carpenter, Flake, Gray, Hanson, Hershberger, Huppenthal, Johnson, Knaperek, Lopez L, Loredo, Maiorana, McClure, Nelson, Norris, O’Halleran, Pearce, Pickens, Poelstra, Robson, Sedillo, Soltero, Tom, Voss AN ACT AMENDING TITLE 33, CHAPTER 9, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 33-1261; AMENDING TITLE 33, CHAPTER 16, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 33-1808; RELATING TO CONDOMINIUMS AND PLANNED COMMUNITIES. (TEXT OF BILL BEGINS ON NEXT PAGE) Page 2 SB 1055 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Title 33, chapter 9, article 3, Arizona Revised Statutes, 2 is amended by adding section 33-1261, to read: 3 33-1261. Flag display 4 NOTWITHSTANDING ANY PROVISION IN THE CONDOMINIUM DOCUMENTS, AN 5 ASSOCIATION SHALL NOT PROHIBIT THE OUTDOOR DISPLAY OF THE AMERICAN FLAG BY A 6 UNIT OWNER ON THAT UNIT OWNER’S PROPERTY IF THE FLAG IS DISPLAYED IN A 7 RESPECTFUL AND HONORABLE MANNER. 8 Sec. 2. Title 33, chapter 16, article 1, Arizona Revised Statutes, is 9 amended by adding section 33-1808, to read: 10 33-1808. Flag display 11 NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, AN 12 ASSOCIATION SHALL NOT PROHIBIT THE OUTDOOR DISPLAY OF THE AMERICAN FLAG BY AN 13 ASSOCIATION MEMBER ON THAT MEMBER’S PROPERTY IF THE FLAG IS DISPLAYED IN A 14 RESPECTFUL AND HONORABLE MANNER. 15

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