TUCSON, Ariz. (KGUN) — It's not unusual to fly an American flag during national holidays or during election season, but how much can your flag be regulated by where you live?
According to state law, community associations in Arizona, which can be a planned community or a condominium project, may not prohibit the display of certain flags.
That includes the American flag, as long as it is flown in accordance with Federal Flag Code.
The Federal Flag Code requires things like the union is "uppermost and to the flag’s own right, that is, to the observer’s left;" it's "properly illuminated during the hours of darkness;" and the "flag should never touch anything beneath it,” such as the ground or the floor.
But, while a resident living in a community association may not be prohibited from flying an American flag, their association might have certain rules or regulations, according to Allison Preston, a partner with CHDB law who also represents community associations in Arizona.
Those regulations can limit things like how high a flag can fly or the number of flagpoles on the property, Preston added.
She suggested to "check in with your association" and "see what the rules and restrictions are."
“You can absolutely fly your American flag in your home on your property. That's an important distinction," said Allison Preston who clarified the differing rights when it comes to apartment complexes.
She added that neither the Freedom to Display the American Flag Act nor Arizona’s landlord or tenant laws provide a right to tenants in an apartment complex to display the American flag.
"Whether or not a tenant in an apartment complex may display the American flag is up to the landlord or owner of the apartment complex," she stated.
It's a situation that resident Sean Lindorff came across after his apartment complex requested he remove the American flag hanging from his balcony.
“There are still many people who have died for it to this day, and it's frankly a disgrace to the flag to tell someone to take down the flag," Lindorff said.
After initially removing the flag, Lindorff said he felt he wanted to continue flying it. So, he spoke with management.
“They said 'Okay, everything else has been cleaned up and you can leave the flag. We're not going to push it,'" Lindorff recalled.
Now, Lindorff continues to fly his flag at his apartment, thanks to permission being granted.
"With how fragile our nation seems right now, it's important that we can have one thing that we can stand under," Lindorff said.
Lindorff noted the flag's importance with the election right around the corner.
"Even if one person does get elected or the other person does get elected, we still stand under the United States flag," Lindorff said. "We still have our freedoms."
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Maria Staubs is a reporter for KGUN 9, she joined the KGUN 9 team in July of 2024 after graduating from Arizona State University. Share your story ideas with Maria by emailing maria.staubs@kgun9.com or by connecting on Instagram, or Twitter.
